Assigned Commissioner Ruling

On November 1, 2001, five days before hearings were to start, Assigned Commissioner Bilas issued a Ruling (ACR) granting Blue Line authority to construct the project "at its own risk". This Ruling was in response to a motion of Blue Line. That motion claimed that Blue Line could incur extra taxpayer costs of up to $14 million if it could not complete the construction in the manner originally planned, rather than wait for Commission approval. The ACR warned Blue Line that if it does not accept this Ruling the authority granted might not be upheld by any final order of the Commission. Accompanying the Ruling were several stringent conditions leaving no doubt that any work done contrary to any final order would have to be undone at Blue Line's expense. Blue Line accepted the Ruling and its conditions (Tr 428) and to the best of our knowledge proceeded with construction, starting with the non-controversial crossings.

Several parties contested the ACR of November 1, 2001. The Assigned Commissioner submitted his ruling to the full Commission. On January 9, 2002, the Commission issued D.02-01-035. That Decision declined to confirm the ACR, meaning that there was no longer authority for Blue Line to construct the crossings as it contemplated until authorized by a Commission order. The Decision also granted final Commission authority to proceed with the crossings in A.00-10-020, A.00-10-033, A.00-10039, A.00-10-050, A.00-11-029, A.00-10-032, A.00-10-033, A.00-11-034, and A.00-11-050. This removes these applications from the consolidated proceeding and from the purview of this decision. In effect the Commission granted approval of many of the crossings that were not specifically the subject of any controversy by the parties.