Assignment of Proceeding

Carl Wood is the Assigned Commissioner and James McVicar is the assigned ALJ in this proceeding.

Findings of Fact

1. United States District Court has determined that NCTD comes within the ICCTA's definition of a rail carrier and is thus subject to STB jurisdiction.

2. STB has issued a declaratory order agreeing with the District Court's determination that STB has exclusive jurisdiction, and prohibiting City from requiring NCTD to obtain permits or pre-approvals prior to constructing the Encinitas passing track.

3. NCTD is a political subdivision of the State of California.

Conclusions of Law

1. The ICCTA prohibits any state or local government action or regulation which forecloses or restricts NCTD's ability to conduct its railroad operation or otherwise unreasonably burdens interstate commerce.

2. STB has held that it has exclusive jurisdiction over NCTD's rail transportation construction and operations.

3. Nowhere in the Public Utilities Code or elsewhere is the Commission empowered to enforce any part of the North San Diego County Transit Development Board Act.

4. Except where there may be specific legislation to the contrary, the Commission has no jurisdiction over public districts.

5. The Commission is without jurisdiction to grant the relief City seeks.

6. The complaint should be dismissed.

7. No hearing is required.

8. For administrative efficiency, this order should be made effective immediately.

ORDER

IT IS ORDERED that:

1. The relief City of Encinitas seeks is denied.

2. The complaint in Case 01-11-006 is dismissed.

3. This proceeding is closed.

This order is effective today.

Dated October 24, 2002, at San Francisco, California.

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