Discussion

Public Utilities Code Section 1202 grants to the Commission the exclusive power to determine and prescribe the manner of installation, operation, maintenance, use, protection, relocation, and abolishment of a public street or highway crossing by a railroad and vice versa. Pursuant to this authority, Commission staff reviewed the project proposal several times during the course of its development, both before and after ACTA filed its application. Following settlement of its dispute with Equilon, ACTA modified the project design in response to staff recommendations. The final proposal may fairly be characterized as representing a complete consensus of all interested parties after extensive discussion, and we review it with that fact in mind.

Considering the length and weight of trains operating on ACTA's line, and the frequency of present and potential future train operations to and from the ports (which are the busiest on the West Coast), the need to separate those operations from vehicular traffic on the busy Pacific Coast Highway is unquestionable. The latter is a busy arterial, and the presence of vehicular traffic on the ACTA line and vice versa poses a significant safety hazard and impediment to the free flow of both vehicular and rail traffic. Construction of the proposed grade separation will virtually eliminate conflict between the two, eliminating all of these problems. The residual traffic across the rail line on the private crossing is not expected to exceed 300 vehicles per day, and the proposed crossing protection, restrictions on access, and other safety measures are appropriate safeguards for this vastly reduced traffic level.

The public interest will be well served by construction of this grade separation and private crossing. The proposed design addresses all of our concerns regarding safety and compliance with our GOs, and the proposal contains appropriate provisions for public safety and the accommodation of traffic flow while construction is in progress. Environmental review has been conducted in accordance with applicable law. There is no reason why we should not approve this unopposed applicable law.