C. Jurisdictional Issues

On May 17, 2001 the Sacramento Municipal Utility District (SMUD) filed a response seeking a clarification of D.01-04-006 relating to a rotating outage plan involving the rail transit facilities of SRTD. D.01-04-006 identified SRTD as a rail transit system under the Commission's jurisdiction.¹ SMUD maintains that the Commission lacks jurisdiction in these matters because all of the rail transit facilities of SRTD are located within the service territory of SMUD, a municipal utility, and powered exclusively by SMUD.

SMUD requests that we clarify that a rotating outage plan involving the electric service of SRTD is beyond our jurisdiction. SMUD supports a plan that ensures a rotating outage would not raise public safety issues related to rail transit systems. Thus, SMUD recommends that we consider a rotating outage plan that excludes only those electric circuits whose loss would render all or a portion of the system inoperable.

For purposes of this order, we do not assert jurisdiction over SMUD to establish a SRTD rotating outage plan. We discuss our standard for exemptions for rail transit systems below.