Findings of Fact

1. Notice of the application was published in the Commission Daily Calendar on January 18, 2002. There are no unresolved matters or protests; a public hearing is not necessary.

2. ACTA requests authority to construct two additional ACTA main line tracks underneath the existing Anaheim Street overpass grade separation bridge structure in Los Angeles, Los Angeles County.

3. The Alameda Corridor and related rail projects provide improved goods movement, to accommodate the Ports of Long Beach and Los Angeles growth, reduce highway congestion, reduce air pollution and noise, which will benefit adjacent residential and industrial areas.

4. Public convenience, necessity and safety require construction of the railroad tracks and other related rail work, in connection with the Alameda Corridor project, as set forth in Appendix A, and as more fully described in the application.

5. ACTA is the lead agency for this project under CEQA, as amended.

6. The Commission is a responsible agency for this project and has reviewed and considered ACTA's EIR, the EIS, and U.S. Department of Transportation Record of Decision. Mitigation measures were adopted as a condition of project approval.

Conclusions of Law

1. We find the environmental documents prepared by ACTA and the Department of Transportation adequate for our decision-making purposes.

2. We adopt the mitigation measures as described and specified herein for purposes of our approval.

3. The application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. Alameda Corridor Transportation Authority (ACTA) is authorized to construct two additional ACTA main line tracks underneath the existing Anaheim Street overpass grade separation bridge structure, identified as CPUC Crossing No. 114A-17.20-A, in the City of Los Angeles, Los Angeles County.

2. Construction and maintenance of the crossings shall be in accordance with the provisions of Commission General Order (G.O.) 72-B.

3. Clearances shall be in accordance with G.O. 26-D. Walkways shall conform to G.O. 118. Walkways adjacent to any trackage subject to rail operations shall be maintained free of obstructions and shall be promptly restored to their original condition in the event of damage during construction.

4. Construction and maintenance costs shall be borne in accordance with an agreement that has been entered into between the parties. A copy of the agreement shall be filed by ACTA with the Commission's Rail Crossings Engineering Section (RCES) of the Consumer Protection and Safety Division prior to construction. Should the parties fail to agree, the CPUC shall apportion the costs of construction and maintenance by further order.

5. Within 30 days after completion of the work under this order, ACTA shall notify RCES in writing, by filing a completed standard CPUC Form G (Report of Changes at Highway Grade Crossings and Separations), that the authorized work is completed.

6. This authorization shall expire if not exercised within three years unless time is extended or if the above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity, or safety so require.

7. The application is granted as set forth above.

8. Application 02-01-019 is closed.

This order is effective today.

Dated January 16, 2003, at San Francisco, California.

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