ALJ/RAB/jva Mailed 10/6/2005

Decision 05-10-013 October 6, 2005

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of PACIFIC GAS AND ELECTRIC COMPANY (U 39 M), a California Corporation, and PENINSULA CORRIDOR JOINT POWERS BOARD, a Governmental Agency, for an Expedited Order (1) Confirming that a Proposed Agreement for Encroachment on a Certain Easement in San Mateo County is Exempt from Commission Approval Under Public Utilities Code Section 853(b), or, in the Alternative, (2) Confirming that the Agreement is Exempt from Commission Approval Under General Order 69-C, or (3) Authorizing PG&E Under Public Utilities Code Section 851 to Enter into the Proposed Agreement.

Application 05-08-033 (Filed August 25, 2005)

DECISION GRANTING APPLICATION

Pacific Gas and Electric Company (PG&E) and the Peninsula Corridor Joint Powers Board (JPB) request an expedited order confirming that PG&E's proposed Encroachment Agreement (Agreement) with JPB for the upgrade and expansion of the platform area and the installation, maintenance, and use of a temporary access ramp and stairs located at the Hillsdale Caltrain Station in the City of San Mateo within a PG&E easement area is exempt from the requirements of Pub. Util. Code § 851 under § 853(b).¹ (A copy of the proposed Encroachment Agreement is attached to the application). Should the Commission find that § 853(b) is inapplicable to the proposed transaction, PG&E and JPB request that the Commission find the proposed transaction a limited use subject to General Order 69-C (GO 69-C). Should the Commission find that neither GO 69-C nor § 853(b) is applicable, PG&E and JPB request approval under § 851 for the proposed transaction. JPB, as the Lead Agency responsible for the proposed project under the California Environmental Quality Act (CEQA), has determined that this project is statutorily exempt from CEQA review and issued a notice of exemption under Public Resources Code Section 21080(b)(10). PG&E and JPB also request a finding that no further environmental review by the Commission is necessary.

The parties state that the installation, maintenance, and use of the temporary access ramp and stairs within PG&E's easement area requested in this application should help alleviate an immediate safety hazard to the public at the Hillsdale Caltrain Station. Therefore, PG&E and JPB request approval on an expedited basis so that the safety hazard can be swiftly addressed.

I. Description of the Project

JPB is the owner of certain real property commonly known as the Caltrain railroad right-of-way located in the City of San Mateo, County of San Mateo (Property) at the Hillsdale Caltrain Station. JPB seeks to expand its Hillsdale Caltrain Station passenger platforms to safely accommodate passengers awaiting trains at the station. Presently, there is one outboard and one center passenger platform at this station, which allows only one train at a time to enter and leave the station. The Hillsdale Outboard Boarding Platform Project (Project) proposes an upgrade and expansion of the platform area that will allow north and south bound trains to enter and leave the station simultaneously. This will allow safer boarding and disembarking as well as ingress/egress to and from the platform area for passengers.

The Property is currently encumbered by two gas transmission easements. The first is an easement interest that was obtained for PG&E's Gas Transmission Line 101 by Final Order of Eminent Domain (No. 330719, May 23, 1991) against the Southern Pacific Transportation Company. The second is an easement obtained by PG&E in 1989 from the California Jockey Club (Bay Meadows Race Track). The portion of the Property encumbered by these two easements is the "Easement Area."

The scope of the Project includes an outbound northbound platform, two signalized pedestrian at-grade crossings, a median fence, stairs leading to the pedestrian platform, and an Americans with Disabilities Act (ADA) access ramp (Improvements). The center platform will be demolished and three at-grade crossings will be eliminated. The dimensions of the proposed encroachment into PG&E's Easement Area for the train station platform will be 345' long by 2' wide. The proposed encroachment into the Easement Area for the signalized pedestrian platform will be 20' long by 10.5' wide. The proposed encroachment into the Easement Area for the ADA ramp, which will be built directly over the gas transmission line, will be 95' long and 9' wide.

JPB has requested that PG&E grant permission for the construction of the Improvements within the Easement Area. PG&E has determined that the Improvements, to be constructed pursuant to plans and specifications approved by PG&E, are compatible with the present full use of the Easement Area by PG&E, and PG&E is therefore willing to agree to allow construction within the Easement Area, subject to the terms and conditions in the Agreement.

The Improvements are temporary in nature since JPB is planning a project 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 Improvements will support the new station during the first phase of construction but will ultimately be demolished upon the opening of the new station.