ALJ/JCM/hkr Mailed 10/25/2002

Decision 02-10-041 October 24, 2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

City of Encinitas,

Complainant,

vs.

North San Diego County Transit Development Board dba North County Transit District,

Defendant.

Case 01-11-006

(Filed November 7, 2001)

OPINION DISMISSING COMPLAINT

Summary

City of Encinitas seeks a Commission order requiring North San Diego County Transit Development Board to comply with Public Utilities Code Section 125260 in connection with construction of a railroad passing track within the City. The complaint is dismissed for lack of jurisdiction. This proceeding is closed.