STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor



PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

October 20, 2004

TO: PARTIES OF RECORD IN APPLICATION 02-01-031

This is the proposed decision of Administrative Law Judge (ALJ) Simon, 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:hl2

ALJ/AES/hl2 DRAFT Agenda ID #3987

Ratesetting

Decision PROPOSED DECISION OF ALJ SIMON (Mailed 10/20/2004)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of the Santa Clara Valley Transportation Authority for an Order Approving Safety Appliances to be Used at the At-Grade Crossings of Sunol Street (82D-4.1) and Auzerais Avenue (82D-4.2) by the Light Rail Transit Line of the Vasona Light Rail Project in the City of San Jose, County of San Clara.

Application 02-01-031 (Filed January 28, 2002)

OPINION GRANTING APPLICATION

1. Summary

The application of Santa Clara Valley Transportation Authority (SCVTA) for approval of warning devices planned for two closely-spaced crossings on the Vasona Corridor Light Rail Extension (Vasona Project) in the City of San Jose (City), County of Santa Clara is approved, with conditions. This proceeding is closed.