ALJ/GEW/hl2 Mailed 7/13/2007

Decision 07-07-003 July 12, 2007

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of the San Luis Obispo County Public Works Department for an order authorizing construction of an at-grade pedestrian crossing in San Miguel, California, crossing Union Pacific Railroad in the vicinity of 16^th Street, County of San Luis Obispo.

Application 04-07-001
(Filed July 1, 2004)

Patrick J. Foran, Attorney at Law, for San Luis

Obispo County, applicant.

Carol A. Harris, Attorney at Law, for

Union Pacific Railroad Company, protestant.

OPINION APPROVING APPLICATION FOR RAIL CROSSING
PURSUANT TO SETTLEMENT AGREEMENT

1. Summary

This decision approves a settlement agreement permitting the San Luis Obispo County Public Works Department (the County) to construct an at-grade pedestrian crossing over the tracks of the Union Pacific Railroad Company (Union Pacific) in the vicinity of 16th Street in the community of San Miguel. The crossing will be at a location that now is a dirt path across the tracks, used daily by children to get to and from an elementary school. As one condition of this approval, our order today requires that, before constructing the new crossing, the County must close or facilitate the closing of one of the 108 active crossings of Union Pacific tracks in San Luis Obispo County, with a second closing to follow before any other new at-grade crossings are permitted. This proceeding is closed.