Waiver of Comment Period

This application is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Section 311(g)(2) of the Public Utilities Code and Rule 14.6(c)(2) of the Commission's Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is waived.

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 July 13, 2007. There are no unresolved matters or protests; a public hearing is not necessary.

2. County requests authority, under Public Utilities Code Sections 1201-1205, to convert the private at-grade highway-rail crossing of Patterson Road to a public crossing.

3. The crossing is necessary in order to allow access to the properties along Patterson Road east of the UPRR railroad track.

4. Public safety requires that the railroad crossing warning devices, roadway signage, roadway markings, and the roadway itself be improved.

5. County is the lead agency for this project under CEQA, as amended.

6. County adopted an NOE for this project pursuant to CEQA.

7. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's NOE.

Conclusions of Law

1. The NOE is adequate for our decision-making purposes.

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

ORDER

IT IS ORDERED that:

1. County of Kern (County) is authorized to alter and convert to a public crossing the existing at-grade private crossing of Union Pacific Railroad Company's (UPRR) Mojave Subdivision and Patterson Road, identified as CPUC Crossing No. 001B-395.90-X. The public at-grade crossing shall be identified as CPUC Crossing No. 001B-396.00.

2. The alterations to the crossing shall include:

· Installation of two Commission Standard 9 warning devices (automatic gate with flashing light signals, as defined in General Order 75-D), one on each approach to the track.

· Installation of two W10-1 advance warning signs, two RXR advance warning pavement markings, two stop line markings, and R8-8 "DO NOT STOP ON TRACKS" signs.

· Improvement (reduction) of the roadway grade on each approach to the track.

· Minor widening of the roadway to provide a minimum width of 24 feet within 100 feet along the roadway on each side of the track.

· Installation of at-least 20 feet of curb (Asphaltic Concrete dike) along the right shoulder on each approach crossing.

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

4. Within 30 days after completion of the work under this order, UPRR shall notify the Commission's Rail Crossing Engineering Section (RCES) that the authorized work is completed, by submitting a completed Commission Standard Form G titled Report of Changes at Highway Grade Crossings and Separations.

5. This authorization shall expire if not exercised within one year 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.

6. A request for extension of the one-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.

7. This application is granted as set forth above.

8. Application 07-06-019 is closed.

This order is effective today.

Dated October 4, 2007, at San Francisco, California.

MICHAEL R. PEEVEY

President

DIAN M. GRUENEICH

JOHN A. BOHN

RACHELLE B. CHONG

TIMOTHY ALAN SIMON

Commissioners

APPENDIX A: VICINITY MAP