STATE OF CALIFORNIA GRAY DAVIS, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
October 30, 2003 Agenda ID #2924
Ratesetting
TO: PARTIES OF RECORD IN APPLICATION 01-09-012
This is the proposed decision of Administrative Law Judge (ALJ) Bushey, previously designated as the principal hearing officer in this proceeding. It will not appear on the Commission's agenda for at least 30 days after the date it is mailed. This matter was categorized as ratesetting and is subject to Pub. Util. Code § 1701.3(c). Pursuant to Resolution ALJ-180, a Ratesetting Deliberative Meeting to consider this matter may be held upon the request of any Commissioner. If that occurs, the Commission will prepare and mail an agenda for the Ratesetting Deliberative Meeting 10 days before hand, and will advise the parties of this fact, and of the related ex parte communications prohibition period.
The Commission may act at the regular meeting, or it may postpone action until later. If action is postponed, the Commission will announce whether and when there will be a further prohibition on communications.
When the Commission acts on the proposed decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.
Parties to the proceeding may file comments on the proposed decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Finally, comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.
/s/ Angela K. Minkin
Angela K. Minkin, Chief
Administrative Law Judge
ANG:avs
ALJ/MAB/avs DRAFT Agenda ID #2924
Ratesetting
Decision PROPOSED DECISION OF ALJ BUSHEY (Mailed 10/30/2003)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of the City of San Diego for an order authorizing modification of an existing at-grade crossing on three light rail vehicle tracks and one heavy rail track of the Metropolitan Transit Development Board, and one heavy rail track of the Burlington Northern and Santa Fe Railway Company, at Park Boulevard, in the City of San Diego, San Diego County, California. |
Application 01-09-012 (Filed September 12, 2001) |
OPINION GRANTING APPROVAL TO CLOSE EIGHTH AVENUE AT-GRADE CROSSING AND CONSTRUCT PARK BOULEVEARD
AT-GRADE CROSSING, WITH CONDITIONS
TABLE OF CONTENTS
Title Page
OPINION GRANTING APPROVAL TO CLOSE EIGHTH AVENUE AT-GRADE CROSSING AND CONSTRUCT PARK BOULEVEARD AT-GRADE CROSSING, WITH CONDITIONS 22
2. Description of the Application 22
3. Amendments to Application 55
4. Determination of Factors to be Considered 88
6.1 Factual Setting and Factors to be Evaluated 2020
6.2 Evaluation of Factors Other than Safety 2222
6.3 Evaluation of Safety-Related Factors 2323
6.5 Enhancing Safety in the Entire Rail Corridor 3333
6.6 Signal Coordination Failure at Front Street Crossing 3535
OPINION GRANTING APPROVAL TO CLOSE EIGHTH AVENUE AT-GRADE CROSSING AND CONSTRUCT PARK BOULEVEARD AT-GRADE CROSSING, WITH CONDITIONS
1. Summary
This decision grants the request of the City of San Diego (the City) for Commission authorization to (1) close an existing at-grade railroad crossing at Eighth and Harbor Way and (2) construct an at-grade railroad crossing at the new intersection of Park Boulevard and Harbor Way in San Diego, California. Due to the high level of light rail traffic and the presence of heavy rail traffic, significant safety conditions are also immediately imposed. Comprehensive monitoring and long-term safety planning are also required.
