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 September 7, 2006. There are no unresolved matters or protests; a public hearing is not necessary.

2. The City requests authority, under Public Utilities Code Sections 1201-1205, to construct the proposed Del Amo Boulevard grade separation over the Harbor Branch Line tracks in Torrance, Los Angeles County.

3. Public necessity and safety require construction of the proposed Del Amo Boulevard grade separation.

4. The City is the lead agency for this project under CEQA, as amended.

5. The City approved the project and adopted the EIR/EA and SOC for the expansion project pursuant to CEQA. No environmental impacts related to the proposed crossing were identified. Mitigation measures for other impacts were made a condition of the approval of the project.

6. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's EIR/EA and FFSOC.

Conclusions of Law

1. The EIR/EA and FFSOC adopted by the City as the documentation required by CEQA for the grade separation project are adequate for our decision-making purposes.

2. The application is uncontested and a public hearing is not necessary.

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

ORDER

IT IS ORDERED that:

1. The City of Torrance is authorized to construct the Del Amo Boulevard grade-separated highway-rail crossing, identified as CPUC Crossing No. 002H-20.16-A, over the BNSF Railway Company-Los Angeles County Metropolitan Transportation Authority's (BNSF-LACMTA) Harbor Branch Line, in Torrance, Los Angeles County, at the location and substantially as described in the application and Appendix A attached to this order.

2. Within 30 days after completion of the work under this order, 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), of the completion of the authorized work.

3. This authorization shall expire if not exercised within three years unless time is extended or if the above conditions are not complied with. The Commission may revoke or modify authorization if public convenience, necessity or safety so require.

4. A request for extension of the three-year authorization period must be submitted to RCES at least 30 days before the expiration of that period. A copy of the request must be sent to all interested parties.

5. The application is granted as set forth above.

6. Application 06-08-032 is closed.

This order becomes effective 30 days from today.

Dated February 15, 2007, at San Francisco, California.

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