ALJ/BDP/avs Mailed 10/25/2002

Decision 02-10-038 October 24, 2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Kenneth Dale Siemens and Janis Mae Siemens, Complainants, vs. Union Pacific Railroad Company, Defendant.

Case 01-12-047 (Filed December 19, 2001)

OPINION GRANTING MOTION TO DISMISS

I. Summary

Kenneth and Janis Siemens (Complainants) seek an order from the Commission directing Union Pacific Railroad Company (UP) to: (1) remove a private rural grade crossing located on its main line in Red Bluff, and (2) direct its train crews to cease sounding the locomotive horn when trains approach the crossing. The Commission concludes that it lacks jurisdiction to grant either request. UP's motion to dismiss the complaint is granted.