STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

July 23, 2002

TO: PARTIES OF RECORD IN CASE 01-01-016

DECISION 02-07-050, MAILED JULY 23, 2002

On June 19, 2002, a Presiding Officer's Decision in this proceeding was mailed to all parties. Public Utilities Code Section 1701.2 and Rule 8.2 of the Commission's Rules of Practice and Procedure provide that the Presiding Officer's Decision becomes the decision of the Commission 30 days after its mailing unless an appeal to the Commission or a request for review has been filed.

No timely appeals to the Commission or requests for review have been filed. Therefore, the Presiding Officer's Decision is now the decision of the Commission.

The decision number is shown above.

/s/ CARL K. OSHIRO

Carl K. Oshiro, Interim Chief

Administrative Law Judge

CKO:hkr

Attachment

ALJ/JLG-POD/hkr Mailed 7/23/2002

Decision 02-07-050 July 23, 2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Lynn R. and Roma Buehler, et al., Complainants, vs. Burlington Northern & Santa Fe Railway Company, Defendant.

Case 01-01-016 (Filed January 8, 2001)

Marguerite P. Battersby, Attorney at Law, and Elizabeth Grady Merkin, for Lynn R. and Roma Buehler, et al., complainants.

Benjamin B. Salvaty, Attorney at Law, and R. Curtis Ballantyne, for Burlington Northern & Santa Fe Railway Company, defendant.

OPINION RESOLVING COMPLAINT

Summary

In today's decision, we resolve this complaint, in which, through earlier ruling, we temporarily enjoined the defendant railroad from closing a crossing. The temporary restraining order (TRO) responded to access concerns raised by complainants, including the lack of ready alternatives to the crossing for use by emergency response vehicles. Today, we decline to make the injunction permanent, but we will continue the injunctive relief for 120 days to give the parties time to consider a permanent solution consistent with guidance provided in the decision.