2. Procedural Background

SCVTA filed an application for approval of warning devices planned for the two crossings near the intersection of Sunol Street and Auzerais Avenue in the City on January 28, 2002. Commission staff filed a protest to the application on March 29, 2002. After discussions with staff, SCVTA filed a First Amended Application (amended application) on March 11, 2003. The amended application was protested by Floor Service Supply Company (FSSC) on April 9, 2003. In its prehearing conference (PHC) statement, filed October 6, 2003, staff withdrew its protest and indicated its intention not to participate as a party in this proceeding, leaving FSSC as the only protestant.

Following the PHC held on October 9, 2003, the Assigned Commissioner issued a scoping memo on October 30, 2003 in which the preliminary categorization as Ratesetting was confirmed and it was determined that an evidentiary hearing was needed. The evidentiary hearing was held February 9-11, 2004. Opening briefs were submitted March 22, 2004 and reply briefs were submitted April 5, 2004. In a ruling dated June 9, 2004, the Administrative Law Judge (ALJ) sua sponte reopened the record to request additional information. This matter was submitted July 30, 2004.