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PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Consumer Protection & Safety Division

Safety & Reliability Branch

Rail Transit Safety Section

RESOLUTION ST- 60

Date: May 8, 2003

R E S O L U T I O N

RESOLUTION GRANTING SAN FRANCISCO MUNICIPAL RAILWAY AUTHORITY TO DEVIATE FROM CERTAIN OVERHEAD CLEARANCE REQUIREMENTS OF GENERAL ORDER 26-D, SECTION 14 - ELECTRICAL CONSTRUCTION, FOR THE CONSTRUCTION, AND OPERATION OF ITS PROPOSED THIRD STREET LIGHT RAIL LINE ACROSS AND IN THE VICINITY OF CONVENTIONAL RAILROAD TRACKS.

Summary

This resolution grants San Francisco Municipal Railway's (MUNI) request for authority to deviate from certain overhead clearance requirements of General Order (GO) 26-D. It specifically authorizes reduced overhead clearance of MUNI contact wires of its proposed Third Street light rail line above conventional railroad tracks and conventional railroad operations at prescribed locations. The resolution also grants authority to deviate from certain requirements of GO 95 as referenced in GO 26-D.

Authority granted in this resolution is separate from and dependent on any subsequent Commission decision authorizing MUNI to construct its Third Street Line, at grade, across the conventional railroad tracks specified in this document.

The Project

MUNI's Third Street Light Rail Project, Phase One, will extend light rail train service 5.4 miles from the existing line near the Caltrain Station at Fourth and King Streets, southerly along the Third Street Corridor, to the San Francisco City and County line near Sunnydale Avenue. The Commission's staff (staff) has been involved in the safety oversight of Phase One since 1998, during MUNI's conceptual engineering, preliminary engineering, and final design processes. Phase One of MUNI's Third Street Light Rail Project is currently scheduled to begin service in 2005.

The project includes four proposed at grade crossings of conventional railroad freight lead tracks and one additional location where conventional railroad tracks would cross under parts of MUNI's overhead traction power system. Overhead clearance requirements for conventional railroads are specified in General Order 26-D but are inconsistent with the design of MUNI's light rail system.

Background

By letter dated December 16, 2001, MUNI requested authority to deviate from clearance requirements of General Order 26-D, Section 14 Electrical Construction at four locations crossing three single-track conventional railroad freight leads in the construction and operation of its Third Street light rail line. Those four specific locations are:

Each of the locations cited by MUNI are proposed at grade crossings of conventional railroad freight lead tracks along MUNI's Third Street Extension.

By letter of December 2, 2002, MUNI requested additional authority to deviate from the requirements of General Order 26-D, Section 14 - Electrical Construction over conventional railroad tracks along Illinois Street between 18th and 19th Streets. MUNI tracks at this location are not being proposed to cross the conventional railroad tracks. However, parts of MUNI's overhead traction power system would encroach on the overhead clearance of the adjacent conventional railroad tracks.

General Order 26-D establishes overhead and side clearance requirements for conventional railroads and street railroads. General Order 26-D references General Order 95 to establish the specific clearance requirements for overhead trolley contact conductors. General Order 95 addresses rules for overhead electric line construction. General Order 95's rules 74 and 77 specify the clearance requirements for overhead trolley contact conductors and trolley span wires.

General Order 26-D, Section 14, Electrical Construction, requires that such trolley contact conductors provide an overhead clearance of at least twenty-two (22) feet, six (6) inches above top of rail on tracks where conventional railroads are operated. MUNI's light rail vehicles are designed and equipped to operate on tracks with an overhead trolley contact conductor height that is not more than nineteen (19) feet above top of rail.

MUNI reported investigating the possibility of retrofitting taller pantographs on its light rail vehicles to be able to provide the contact wire height required by GO 26-D. However, structural considerations and the size of its fleet would make this option prohibitively expensive.

To support the deviation request, MUNI also included the following observations:

The Union Pacific Railroad (UP) currently operates trains over the tracks that would be affected by the reduced overhead clearances being proposed. MUNI and the Commission's staff have met and discussed this issue with UP representatives. UP has indicated that it is agreeable to the reduced overhead clearance subject to implementation and maintenance of appropriate safety and service mitigations.

The United Transportation Union (UTU) represents UP employees who operate trains over the conventional railroad tracks that MUNI has identified in its request for authority to deviate from requirements of GO 26-D. Staff and MUNI have met and discussed MUNI's proposal with representatives of the UTU. The UTU has indicated that it is agreeable to the reduced overhead clearances subject to implementation and maintenance of the appropriate safety mitigations.

The Port of San Francisco (Port) owns conventional railroad tracks that MUNI would cross with the overhead traction power system at reduced clearance. The Port also owns tracks that serve customers who receive and ship freight rail cars that could be affected by the proposed reduced overhead clearances. The Port has indicated that it is agreeable to the reduced overhead clearance subject to implementation and maintenance of the appropriate safety and service mitigations.

The Federal Railroad Administration (FRA) exercises primary safety jurisdiction over conventional railroads. With some exceptions, States are generally precluded from imposing safety requirements in areas of safety already addressed by the FRA or safety requirements that would impose an undue burden on railroads. The FRA has not addressed safety matters related to overhead clearances adjacent to conventional railroad tracks. There is no reason evident that the proposed reduced clearances would impose an undue burden on the affected railroad's operation.

Proposed Hazard Mitigations

In its request for authority to deviate from requirements of GO 26-D, MUNI proposed that conventional freight railroad operations can safely occur in San Francisco, with the overhead trolley contact conductor height reduced to 19 feet above top of rail, by establishing appropriate safety mitigations.

Staff generally agreed with MUNI's proposals to mitigate hazards associated with the reduced overhead clearances. However, staff had additional safety concerns and proposed modifications and additional conditions for this project. MUNI and staff reached agreement on the following hazard mitigations:

Discussion

MUNI proposes to construct and operate its Third Street light rail line, at grade, across the Grain Terminal Lead near Cargo Way at Third Street and the Carroll Avenue Lead at the intersection of Carroll Avenue and Third Street. Union Pacific Railroad currently provides conventional railroad freight service over these tracks.

MUNI also proposes to construct and operate light rail tracks to its Metro East Maintenance Facility, from the Third Street Line, which would cross the Illinois Street Lead at both Cesar Chavez Street and at 25th Street. The Illinois Street Lead is currently inaccessible to conventional railroad operation, but that track has not been formally abandoned and there are plans to return it to active service.

In addition, MUNI's project calls for parts of MUNI's overhead traction power system to encroach on the overhead clearance of the adjacent conventional railroad tracks along Illinois Street between 18th and 19th Streets. Even though overhead clearances would be reduced over conventional railroad tracks in this area, MUNI has no plans for its tracks to cross the conventional railroad tracks in this area.

MUNI is seeking authority to deviate from this requirement because it would be prohibitively expensive to retrofit its fleet of light rail cars to operate on tracks with the trolley contact conductor at twenty-two feet, six inches above top of rail.

Staff is in agreement with MUNI that the overhead clearances could be safely reduced, with specific safety mitigations, at the proposed conventional railroad at grade crossings.

Comments

This is an uncontested matter in which the resolution grants the authority requested. Pursuant to Public Utilities Code Section 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.

Findings

1. By letters dated December 16, 2001 and December 2, 2002, MUNI requested authority to deviate from the requirements of General Order 26-D, Section 14 Electrical Construction at specific locations in the construction and operation of its proposed Third Street light rail line.

2. Four of the locations identified for creation and maintenance of reduced overhead trolley contact conductor clearance are for proposed at grade crossings of conventional railroad tracks at:

3. A fifth location where MUNI would create reduced overhead clearances above conventional railroad tracks would be adjacent to its planned line along Illinois Street between 18th and 19th Streets. MUNI would not cross the conventional railroad tracks at this location but overhead trolley span wires would encroach upon the overhead clearance.

4. MUNI's light rail vehicles are designed and equipped to operate on tracks with an overhead trolley contact conductor height that is not more than nineteen (19) feet above top of rail.

5. General Order 26-D, Section 14, Electrical Construction, requires that overhead trolley contact conductors provide an overhead clearance of at least twenty-two (22) feet, six (6) inches above top of rail on tracks where conventional railroads are operated.

6. Roof access ladders have been removed from most freight cars and Rule 1.21 of the General Code of Operating Procedures prohibits employees from being on top of moving freight cars.

7. Conventional railroad cars taller than fifteen (15) feet, six (6) inches (AAR Plate C) are physically prohibited from rail transport to the proposed reduced clearance locations along the Third Street Line due to the clearance restrictions in the UP tunnels 1, 2, 3, and 4.

8. UP, the current conventional railroad operator, has confirmed that it is agreeable to the reduced overhead clearance subject to implementation and maintenance of appropriate safety and service mitigations.

9. The UTU has stated that it is agreeable to the reduced overhead clearances subject to implementation and maintenance of the appropriate safety mitigations.

10. The Port has confirmed that it is agreeable to the reduced overhead clearance subject to implementation and maintenance of the appropriate safety and service mitigations.

11. The FRA has not addressed safety matters related to overhead clearances adjacent to conventional railroad tracks. There is no reason evident that the proposed reduced clearances would impose an undue burden on the affected railroad's operation.

12. MUNI and staff are in agreement with proposed safety mitigations.

Therefore, IT IS ORDERED that:

1. San Francisco Municipal Railway's request for authority to deviate from the requirements of General Order 26-D, Section 14, Electrical Construction in the construction and operation of overhead trolley contact conductors at not less than nineteen (19) feet above top of rail for conventional railroad tracks on its proposed Third Street light rail line is granted for:

2. San Francisco Municipal Railway shall employ sound safety design, construction, and operating practices in accordance with its System Safety Program Plan to design, construct, and operate the Third Street light rail line and shall:

3. Each affected conventional railroad operating past the proposed reduced overhead clearances shall:

4. Authority to create and maintain reduced overhead clearances is limited to the specific locations and conditions identified in this order.

5. Authority to deviate from and maintain the reduced overhead clearances should be separate from but dependant on a Commission decision to authorize MUNI to construct its Third Street Line and support tracks, at grade, across specified conventional railroad tracks in connection with that project.

This resolution is effective today.

I certify that the foregoing resolution was duly introduced, passed, and adopted by the Commission at its regularly scheduled meeting on May 8, 2003. The following Commissioners voted favorably thereon:

MICHAEL R. PEEVEY

President

CARL W. WOOD

LORETTA M. LYNCH

GEOFFREY F. BROWN

SUSAN P. KENNEDY

Commissioners

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