V. Conclusion

We grant the request of PG&E and JPB for a limited exemption from the requirements of § 851. First, approval of the Agreement will not interfere with the PG&E's provision of quality service nor impair its ability to serve its customers. PG&E and JPB have determined that the access ramp and stairs, as designed, are compatible with the PG&E facilities. Pursuant to the Agreement, JPB has agreed to coordinate its activities to avoid any interference with the use by PG&E of the Easement Area. JPB designed the access ramp to facilitate PG&E's access to its gas transmission facilities to accommodate federally mandated leak detection surveys. Furthermore, under the terms of the Agreement, PG&E may terminate JPB's rights under the Agreement, at any time, upon 90 days' written notice to JPB, if PG&E, in its sole and absolute discretion, should determine that JPB's use of the Easement Area is not consistent with PG&E's operational needs in the future, or in any way interferes with, impairs or otherwise impedes PG&E's full use of its facilities installed or that may be installed by PG&E in the vicinity of the Easement Area.

Second, the access ramp and stairs are temporary in nature as JPB is planning to relocate the entire Hillsdale Caltrain Station approximately 1000 feet north and construct new grade separations of several existing at-grade roadway crossings. The current construction work will support the new station during the first phase of construction but will ultimately be demolished upon the opening of the new Hillsdale Caltrain Station. The access ramp has been designed to be easily removed to accommodate maintenance and reconstruction of PG&E's gas transmission facilities, if necessary. Finally, the Agreement provides that PG&E shall revoke the Agreement should JPB's use interfere with PG&E's service to its customers.