Ex Parte Communications
This proceeding is subject to Rule 8.2, which specifies standards for engaging in ex parte communications and the reporting of such communications. Pursuant to Rules 8.2(a) and 8.4, ex parte communications will be allowed in this proceeding without any restrictions or reporting requirements unless and until the Commission modifies this determination of category.
Therefore, IT IS ORDERED that:
1. A rulemaking is instituted on the Commission's own motion to revise General Order 164-C, Rules and Regulations Governing State Safety Oversight of Public Transit Guideway Systems, to conform to the Federal Transit Administration's 49 CFR Part 659 Rail Fixed Guideway Systems; State Safety Oversight; Final Rule, dated April 29, 2005.
2. The seven rail transit agencies, Bay Area Rapid Transit District, Los Angeles County Metropolitan Transportation Authority, Sacramento Regional Transit District, San Diego Trolley Incorporated, San Francisco Municipal Railway, Santa Clara Valley Transportation Authority, North County Transit District and other public transit guideways as identified in the attached service list, are made respondents to this proceeding.
3. The Executive Director shall cause this Order Instituting Rulemaking to be served on the respondents and on the service list.
4. A Prehearing Conference (PHC) will be scheduled to establish a procedure that will allow the Commission staff and all interested parties an opportunity to participate in the adoption of the revised General Order (GO) 164-D.
5. A schedule should be established for adoption of the revised GO 164-D. The Commission will assign an Administrative Law Judge to preside over these proceedings. Attached to this rulemaking is a copy of the proposed GO 164-D.
6. The Presiding Officer shall convene a PHC, inform respondents and other interested parties when to file PHC statements, develop a service list for this proceeding and further delineate issues related to scope and schedule for this proceeding.
7. The temporary service list is attached and shall be used for service of all pleadings until a service list for this proceeding is established. The official service list for this proceeding shall be created by the Process Office and posted on the Commission's website (www.cpuc.ca.gov) as soon as practicable after the first PHC. Parties may also obtain the service list by contacting the Commission's Process Office at (415) 703-2021.
8. This rulemaking is preliminarily categorized as quasi-legislative as that term is defined in Rule 1.3(d) of the Commission's Rules of Practice and Procedure.
9. Persons interested in having their names added to the service list for this proceeding shall follow the procedures described in this order.
This order is effective today.
Dated October 5, 2006, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
Commissioners
ATTACHMENT
SERVICE LIST
R.06-10-004
Vijay Khawani LACMTA One Gateway Plaza Los Angeles, CA 90012-2952 |
John H. Welborne Angels Flight Railway P.O. Box 712345 Los Angeles, CA 90071 | |
Benjamin H. Scharf |
Michael Taborn Federal Transit Administration 400 Seventh Street SW Washington, DC 20590 | |
Leonard Hardy BART 300 Lakeside Drive, 18th Floor Oakland, CA 94612 |
Edward Carranza, Jr. Federal Transit Administration 201 Mission Street San Francisco, CA 94105 | |
Rufus Francis SRTD P.O. Box 2110 Sacramento, CA 95812-2110 |
James P. Jones United Transportation Union 1005 - 12th Street, Suite 4 Sacramento, CA 95814-3920 | |
Mike Cannell Foothill Extension Construction Authority 406 E. Huntington Drive, Suite 202 Monrovia, CA 91016-3633 |
Peter D. Tereschuck San Diego Trolley, Inc. 1255 Imperial Avenue, Suite 900 San Diego, CA 92101 | |
Annabelle Boyd BCG Trans 1145 Grove Park Lane Earlysville, VA 22936 |
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Jim Lithicum SANDAG 401 B Street, Suite 800 San Diego, CA 92101 |
Robert Hertan MUNI 875 Stevenson Street, Suite 204 San Francisco, CA 94103 | |
Don Bullock North County Transit District 810 Tremont Street Oceanside, CA 92054 |
Joshua Shaw California Transit Association 1415 L Street Suite 200 Sacramento, CA 95814 | |
Kurt Arend Port of Los Angeles Red Car Line 425 S. Palos Verdes Street San Pedro, CA 90731 |
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Lee Mitchell AirTrain/ San Francisco International Airport PO Box 8097 San Francisco, CA 94128 |
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Rich Clark CPSD 505 VAN NESS AVE San Francisco, CA 94102 |
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Pat Berdge CPUC 505 VAN NESS AVE San Francisco, CA 94102 |
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Georgetta Gregory CPSD 320 WEST 4TH STREET SUITE 500 Los Angeles, CA 90013 |
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Process Office Administrative Law Judge Division 505 VAN NESS AVE Room 2000 San Francisco, CA 94102 |
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CPUC Executive Division 320 WEST 4TH STREET SUITE 500 Los Angeles CA 90013 |
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(END OF ATTACHMENT)
