Waiver of Comment Period

This application is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Public Utilities Code Section 311(g)(2), we waive the otherwise applicable 30-day period for public review and comment.

Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. Notice of the application was published in the Commission's Daily Calendar on November 14, 2005. There are no unresolved matters or protests; a public hearing is not necessary.

2. City requests authority, under Public Utilities Code Sections 1201-1205, to construct a grade-separated crossing of Valley View Avenue beneath tracks of the BNSF's San Bernardino Subdivision, replacing the existing at-grade crossing identified as CPUC Crossing No. 002-158.40, in Los Angeles County.

3. The proposed grade-separated crossing is part of a larger Caltrans project to improve the efficiency of BNSF's rail corridor to accommodate the existing number of trains utilizing the corridor, and future increases in both speed and volume of planned intercity and commuter rail passenger service, in the approximately 14.7 miles from the City of Commerce (Mile Post 148.6) to the City of Fullerton (Mile Post 163.3).

4. During construction, City needs to construct a temporary roadway and temporary at-grade crossing to detour vehicular traffic on Valley View Avenue, which will be removed once construction of the grade separation is completed.

5. Public convenience, safety and necessity require the construction of the proposed grade-separated crossing.

6. Caltrans is the lead agency for this project under CEQA, as amended.

7. Caltrans adopted an FEIR and NOD for this project pursuant to CEQA.

8. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's FEIR and NOD.

Conclusions of Law

1. The FEIR and NOD adopted by Caltrans as the documentation required by CEQA for the Crossing Project is adequate for our decision-making purposes.

2. We adopt the Caltrans' FEIR and NOD for purposes of our approval.

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

ORDER

IT IS ORDERED that:

1. City of Santa Fe Springs (City) is authorized to construct a grade-separated crossing (crossing) of Valley View Avenue beneath tracks of the BNSF Railway Company's (BNSF) San Bernardino Subdivision, replacing the existing at-grade crossing identified as CPUC Crossing No. 002-158.40, in Los Angeles County. The new grade-separated crossing shall be identified as CPUC Crossing No. 002-158.40-B.

2. City is also authorized to construct a temporary at-grade crossing, approximately 100 feet to the west of the exiting crossing, on a temporary detour roadway for the purpose of diverting vehicular traffic from Valley View Avenue during construction of the grade-separated crossing. The temporary at-grade crossing shall be eliminated either three years from the date of this Order or the date the grade-separated crossing is opened to vehicular traffic, which ever date occurs first.

3. Warning devices at the temporary at-grade crossing shall include two Standard No. 9-As (automatic gate type signal with additional lights on a cantilever, as defined in General Order 75-C) on each approach. The temporary at-grade crossing shall be interconnected with the traffic signals at the temporary vehicular intersection of Valley View Avenue and Stage Road. In all other aspects, the temporary at-grade crossing, detour roadway, and temporary intersection of Valley View Avenue and Stage Road shall be constructed as fully described in plans attached to the application.

4. City and BNSF shall comply with all applicable rules, including Commission General Orders and the Manual on Uniform Traffic Control Devices (MUTCD), as amended by the MUTCD California Supplement.

5. Construction and maintenance costs shall be borne in accordance with an agreement that has been entered into between City and BNSF (parties). Should the parties fail to agree, the Commission will apportion the costs of construction and maintenance by further order.

6. Within 30 days after the temporary at-grade crossing is opened to vehicular traffic, BNSF shall notify the Commission's Consumer Protection and Safety Division, Rail Crossings Engineering Section (RCES) in writing, by submitting a completed Standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), that the temporary at-grade crossing is open and that the existing at-grade crossing is removed. Within 30 days after the grade-separated crossing is opened to vehicular traffic, BNSF shall notify RCES in writing, by submitting a completed Standard Commission Form G, that the grade-separated crossing is open and the temporary at-grade crossing is eliminated.

7. 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.

8. This application is granted as set forth above.

9. Application 05-11-005 is closed.

This order becomes effective 30 days from today.

Dated June 15, 2006, at San Francisco, California.

MICHAEL R. PEEVEY

President

GEOFFREY F. BROWN

DIAN M. GRUENEICH

JOHN A. BOHN

RACHELLE B. CHONG

Commissioners

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