H. Public Review and Comment. Need for Expedited Consideration

Rule 77.7(f)(9) of the Commission's Rules of Practice and Procedure provides in relevant part that:

"...the Commission may reduce or waive the period for public review and comment under this rule...for a decision where the Commission determines, on the motion of a party or on its own motion, that public necessity requires reduction or waiver of the 30-day period for public review and comment. For purposes of this subsection, "public necessity" refers to circumstances in which the public interest in the Commission adopting a decision before expiration of the 30-day review and comment period clearly outweighs the public interest in having the full 30-day period for review and comment. "Public necessity" includes, without limitation, circumstances where failure to adopt a decision before expiration of the 30-day review and comment period...would cause significant harm to public health or welfare. When acting pursuant to this section, the Commission will provide such reduced period for public review and comment as is consistent with the public necessity requiring reduction or waiver."

We balance the public interest in quickly addressing rotating outage exemptions for rail transit systems due to the severe electric shortage and expectations of rolling outages this summer against the public interest in having the full 30-day comment cycle on the proposed modifications. We conclude that the former outweighs the latter. We must respond quickly in order to provide some certainty in the upcoming months, and find that a reduced public review and comment period balances the need for input with the need for timely action before Summer 2001.

On August 13, 2001, the draft decision of Assigned Commissioner and Presiding Officer Wood on this matter was mailed to parties in accordance with Section 311(g) of the Public Utilities Code and Rule 77.7 of the Commission's Rules of Practice and Procedure. Comments were filed and served on ___________.

Findings of Fact

1. For purpose of this order, the Commission does not assert jurisdiction over SMUD to establish a SRTD rotating outage plan.

2. BART has a Category J exemption from rotating outages for its entire rail transit system.

3. MUNI has a Category J exemption from rotating outages for the underground portion of its rail transit system.

4. Rail transit systems operating in at-grade alignments frequently utilize gravel type material on their systems, a walking surface not conducive for evacuations of passengers.

5. At-grade crossing warning systems are designed to lower the gates to a "fail-safe" down position.

6. Rail transit systems that operate on aerial structure alignments present accessibility challenges to emergency response personnel.

7. RSCD recommends that exemptions from rotating outages be granted for those sections of track to which emergency response personnel have limited access.

8. RSCD supplemented its report with a list of specific facilities that meet its criteria proposed for rotating outage exemptions.

9. RSCD recommends mitigation measures for those sections of track not found eligible for exemptions.

10. Respondent utilities are required to have 40% of their peak load available for rotating outages.

11. The actual reserve margin available for rotating outages prior to granting any exemptions in this order is approximately 52% for PG&E, 53% for SDG&E, and 51% for SCE.

12. Exemptions from rotating outages do not guarantee a continuous supply of electricity or freedom from interruption. Unanticipated and unannounced interruptions of the supply of electricity may result from factors such as an earthquake, fire, windstorm, lightning strike, and a car collision.

13. Executive Order D-38-01 requires the ISO, in part, to forecast to the general public the potential for rolling blackouts 48 hours in advance and to update this notice 24 hours in advance. The Executive Order also requires utilities to provide notice of the time and location where the anticipated blackout will occur no less than one hour in advance of any rotating outage.

14. Planned rotating outages will not occur until after the ISO has called for a Stage I voluntary curtailment of energy usage and has subsequently required a Stage II mandatory curtailment.

15. Respondent utilities are required to include a customer's rotating outage block number on each customer's bill and rotating outage information on each utility's website.

16. All freight and commuter rail operations must comply with federal grade crossing safety regulations.

17. Federal regulations require a standby source of power to be provided so that there is sufficient capacity to operate the warning systems for grade crossings during any period of primary power interruption.

18. Each rail transit system has an emergency plan in place that includes procedures and some back-up power facilities for power failures including rotating outages.

19. The traction power of freight and commuter rail operations that use diesel-electric locomotives are not affected by rotating outages.

Conclusions of Law

1. Exemptions from rotating outages based on public health and safety should only be allowed upon the existence of hazardous conditions that could result in imminent death or severe injury and cannot be minimized, controlled, corrected, or eliminated through mitigation measures.

2. LACMTA, SCVTA, and SDTI should be granted exemptions from rotating outages for those sections of track for which RSCD determined emergency response personnel have limited access.

3. The mitigation measures recommended by RSCD should be adopted.

4. SDG&E's emergency petition to modify D.01-06-087 should be dismissed.

5. SDG&E should comply with the 10-day baseline changes set forth in Ordering Paragraph 7 of D.01-06-087.

6. All railroad corporations operating in California should be served a copy of this order and should be added to the service list of this rulemaking proceeding

7. The period for public review and comment on the draft decision should be reduced, pursuant to Rule 77.7(f)(9), as we balance the need to act quickly to address the rotating outage exemptions for rail transit systems due to the severe electric shortage and expectations of rolling outages this summer against the public interest in having the full 30-day comment cycle on the proposed modifications.

8. Because of the public interest in avoiding rotating outages in the summer of 2001, the following order should be effective immediately.

ORDER

IT IS ORDERED that:

1. Respondent utilities Southern California Edison Company (SCE), Pacific Gas and Electric Company (PG&E), and San Diego Gas & Electric Company (SDG&E) shall provide the Los Angeles County Metropolitan Transit Authority, Santa Clara Valley Transportation Authority, and San Diego Trolley, Inc. Category J exemptions from rotating outages for exclusive right-of-way, ballasted track, underground sections, tunnels, tubes, aerial structures, and control centers to which emergency response personnel have limited access, as listed in Appendix A, B, and C, of this decision.

2. Respondent utilities and rail transit systems under Commission jurisdiction shall implement the Rail Safety and Carrier Division recommendations set forth in Appendix D of this decision.

3. Respondent utilities may use a passive auto dialer system to provide one-hour advance notification of rotating outages to rail transit systems if that passive auto dialer system is capable of receiving a confirmation that rail transit systems personnel received the notification.

4. Rail transit systems under Commission jurisdiction shall maintain contingency plans for unanticipated and unannounced interruptions of the supply of electricity.

5. Within 30 days of the effective date of this decision respondent utilities shall file a report on necessary and reasonable mitigation measures which the respondent utility and impacted freight or commuter railroad agreed to including the measures that the respondent utility has, or will, implement. The freight and commuter railroads may file a complaint with the Commission if unresolved disputes remain.

6. The Executive Director shall serve a copy of this decision on all railroad corporations operating in California. The Executive Director shall also add these railroad corporations on the service list of this rulemaking proceeding as information only. Any such railroad corporation that wishes to actively participate in this proceeding may upgrade its status from information only to an appearance of record by sending a letter to the Process Office with a copy to the service list.

7. SDG&E's emergency petition to modify Decision 01-06-087 is dismissed.

8. SDG&E shall file an advice letter to make any necessary tariff changes to comply with Decision (D.) 01-06-087 within five days after the effective date of this order. The Advice Letter tariffs shall go into effect within five days of filing unless suspended by the Energy Division Director. If the Energy Division Director suspends any tariffs, such tariffs shall become effective upon the date the Energy Division Director confirms that the tariffs are in compliance.

This order is effective today.

Dated ___________________, at San Francisco, California.

Appendix A Los Angeles County Metropolitan Transit Authority
Specific Facilities that meet the RSCD Rotating Outage Exemption Criteria
Service Account #	LINE	Purpose	Location	Street Address
10098278	Blue	BL TPSS-04	WILLOW TPSS	28TH ST & W AMERICAN
12842471	Blue	BL TPSS-05	WARDLOW TPSS	3376 PACIFIC PL
10142099	Blue	BL TPSS-06	DIVISON 11 TPSS	2083 SANTAFE
11208880	Blue	BL TPSS-07	DEL AMO TPSS	20340 S SANTA FE AVE
12969214	Blue	BL TPSS-08	DOMINGUEZ TPSS	18919 SANTE FE
12919704	Blue	BL TPSS-09	ARTESIA TPSS	1810 S ACACIA AVE
10253979	Blue	BL TPSS-10	COMPTON TPSS	507 N WILLOWBROOK AVE
12919694	Blue	BL TPSS-11	PIRU TPSS	13504 WILLOWBROOK AVE
10227033	Blue	BL TPSS-12/ ROC	IMPERIAL TPSS	11650 E WILLOWBROOK
11206983	Blue	BL TPSS-13	FIRESTONE TPSS	8616 GRAHAM
12969215	Blue	BL TPSS-14	FLORENCE TPSS	7501 GRAHAM AVE
10143021	Blue	BL TPSS-15	SLAUSON TPSS	5865 RANDOLPH ST
13147667	Green	GL TPSS	DIV 22 TPSS A	14724 AVIATON BL A
12810091	Green	GL TPSS	DIV 22 TPSS B	14721 AVIATION BL B
	Green	GL TPSS	DOUGLAS TPSS	700 S DOUGLAS
13147711	Green	GL TPSS	EL SEGUNDO TPSS	151 N NASH ST.
	Green	GL TPSS	IMPERIAL TPSS	5350 IMPERIAL HWY
12810092	Green	GL TPSS	HAWTHORNE TPSS	11230 S ACACIA AVE
	Green	GL TPSS	CRENSHAW TPSS	3301 120 ST.
	Green	GL TPSS	WESTERN AVE TPSS	11725 MANHATTEN PL
	Green	GL TPSS	VERMONT AVE TPSS	11520 NEW HAMPSHIRE
	Green	GL TPSS	117TH STREET	139 WEST 117TH ST.
	Green	GL TPSS	BELLHAVEN	11706 BELLHAVEN ST.
	Green	GL TPSS	SANTE FE AVE TPSS	2920 FERNWOOD
	Green	GL TPSS	LONG BEACH TPSS	11501 LONG BEACH BLVD
	Green	GL TPSS	MARSH AV TPSS	4106 FERNWOOD
	Green	GL TPSS	WRIGHT RD TPSS	11750 WRIGHT RD
	Green	GL TPSS	PARAMOUNT TPSS	6107 FLORENCE AVE
13147712	Green	GL TPSS	LAKEWOOD TPSS	12939 LAKEWOOD BLVD
	Green	GL TPSS	BELLFLOWER TPSS	13046 LEAHY AVE
13147713	Green	GL TPSS	NORWALS TPSS	13026 FLATBUSH
	Green	GL TCCB	MARINE AVE TCCB	2406 MARINE AVE
	Green	GL TCCB	EL SEGUNDO TCCB	2226 EAST EL SEGUNDO BLVD
	Green	GL TCCB	MARIPOSA TCCB	555 NORTH NASH ST.
	Green	GL TCCB	DEL NORTE TCCB	941 NORTH DOUGLAS ST.
	Green	GL TCCB	HARBOR FRWY TCCB	11600 SOUTH FIGUEROA ST.
	Green	GL TCCB	WILMINGTON	11659 WILMINGTON AVE
	Green	GL TCCB	PARAMOUNT	13706 PARAMOUNT BLVD
	Green	GL Pass. Station	CRENSHAW BLVD	11901 CRENSHAW BLVD

End of Appendix A

Appendix B Santa Clara Valley Transportation Authority
Specific Facilities that meet the RSCD Rotating Outage Exemption Criteria
Line	Item	Location	From	To	TPSS	Account
Tasman	1	Evelyn & HWY 85, Mountain View	Mountain View Sta	Middlefield Sta	17	LVV 54 19951-3
	1a		Mountain View Sta	Central Expwy
	1b		Central Expwy
	1c		Central Expwy	Whisman Sta
	1d		Whisman Sta	Middlefield Sta
Tasman	2	Middlefield & Ellis, Mountain View	Middlefield Sta	Moffett Park Dr	18	KVV 4044201-2
	2a		Middlefield Sta	US 101 SB On-Ramp
	2b		US 101 SB On-Ramp	Bayshore NASA Sta
	2c		Moffett Field Depressed Section
	2d		Moffett Field Depressed Section	Moffett Park Dr
Tasman	3	Moffett Park & Jaegels, Sunnyvale	Moffett Park Dr	Java & Mathilda	19	JVV 31 05601-1
	3a		Moffett Park Dr	Java & Mathilda
	3b		Java & Mathilda
Guadalupe	6	Woz & Auzerais	Woz & Auzerais	Tamien	7	DVP T2 10001-4
	6a		Woz & Auzerais	Tamien
Guadalupe	7	Tamien	Tamien	Canoas Garden	8	DVP T2 10001-4
	7a		Tamien	Canoas Garden
Guadalupe	8	Canoas Garden	Canoas Garden	Narvaez	9	DVP T2 10001-4
	8a		Canoas Garden	Narvaez
Guadalupe and Almaden	9	Narvaez	Narvaez	Winfield / Chesbro	10	DVP T2 10001-4
	9a		Narvaez	Chynoweth
	9b		Chynoweth Sta
	9c		Chynoweth	Chesbro
	9d	[Almaden Branch]	Chynoweth Sta	Blossom Hill
Almaden	10	Winfield [Almaden Branch]	Blossom Hill	Almaden Sta	11	DVP T2 10001-4
	10a	[Almaden Branch]	Winfield	Blossom River Way
	10b	[Almaden Branch]	Blossom River Way	Almaden Sta
Guadalupe	11	Chesbro	Chesbro	Lean	12	DVP T2 10001-4
	11a		Chesbro	Lean
Guadalupe	12	Lean	Lean	Miyuki	13	DVP T2 10001-4
	12a		Lean	Miyuki
Guadalupe	13	Miyuki	Miyuki	Santa Teresa	14	DVP T2 10001-4
	13a		Miyuki	Santa Teresa
	13b		Santa Teresa Sta
Guadalupe	14	Younger	Yard, Maintenance Facility		15	DVP T2 10001-4
	14a		Yard, Maintenance Facility, Control Center

End of Appendix B

Appendix C SAN DIEGO TROLLEY INCORPORATED
Specific Facilities that meet the RSCD Rotating Outage Exemption Criteria
Meter #	Account #	Equip Type	Location	Street Address	Cir#	Block#	Volt	Pwr Type
1361612	328460180	Substation	Near #42 B/L	9250 STADIUM RD B	362	053B	Low	Traction
1665939	1320174820	Substation	Near #14 B/L	3415 BEYER BLVD	723	100B	High	Traction
1343091	1320175550	Substation	Near #14 B/L	3415 BEYER BLVD	152	057B	Low	Traction
1486832	1349481359	Substation	Near #42 B/L	9250 STADIUM RD	362	053B	High	Traction
1486832	1349481359	Substation	Near #42 B/L	9250 STADIUM RD	362	053B	High	Traction
1564578	1727302464	Substation	Betw#40 & #41 B/L	9809 RIO SAN DIEGO DR	145	035A	High	Traction
654919	2445172254	Substation	Near #17 B/L	2615 MAIN ST	129	061B	Low	Traction
1344248	2654635857	Substation	No. 35 B/L	4009 TAYLOR ST C	105	064A	High	Traction
1347911	3011464399	Substation	Betw #36 & #37 B/L	5495 NAPA ST	105	064A	Low	Traction
1359658	3011464399	Substation	Betw #36 & #37 B/L	5495 NAPA ST	105	064A	High	Traction
1036413	3407604212	Substation	Betw #22 & #23 O/L	4401 K ST	133	039B	High	Traction
1472345	3570158292	Substation	Betw #31 & #32 B/L	718 W A ST	117	078A	Low	Traction
1682591	3570171884	Substation	No. 14 B/L	2418 E BEYER BLVD	152	057B	High	Traction
441437	3778122494	Substation	Near #25 Both Lines	8 13TH ST	123	038B	Low	Traction
441437	3778122494	Substation	Near #25 Both Lines	8 13TH ST	123	038B	Low	Traction
1355472	4532603851	Substation	Near #23 O/L	3243 K ST	133	039B	High	Traction
1684069	4563618784	Substation	Near #37 B/L	1209 FASHION VALLEY RD	107	061A	High	Traction
8000214	4695161592	Substation	Betw #31 & #32 B/L	720 W A ST	117	078A	High	Traction
1665792	4695175550	Substation	Betw #18 & #19 B/L	751 F ST	255	060B	High	Traction
1666106	4903112938	Building/Shop	Near #25 Car Shop	12 13TH ST	123	038B	Low	Bldg/Shop
1540374	5316275032	Substation	Betw #40 & #41 B/L	9809 RIO SAN DIEGO DR A	145	035A	Low	Traction
1354285	5657605283	Substation	Betw #20 & #21 O/L	5890 IMPERIAL AVE	323	019B	High	Traction
1036411	5793343651	Substation	Near #25 Car Shops	10 13TH ST C	123	038B	High	Traction
1666846	5820182906	Substation	Betw #18 & #19 B/L	749 F ST	255	060B	Low	Traction
888908	6187074322	Substation	Near #18 O/L	1399 SAN ALTOS PL	322	020B	Low	Traction
1148628	7875152209	Substation	Betw #36 & #37 B/L	6701 FRIARS RD	107	061A	High	Traction
1569118	8568159622	Substation	Betw #36 & #37 B/L	5221 MISSION CENTER RD	141	044A	High	Traction
1361610	9032606786	Substation	Betw #19 & #20 O/L	4553 NEBO DR	733	104A	High	Traction
1170317	9181850009	Substation	Betw #22 & #23 O/L	4403 K ST	MK02	019B	Low	Traction

End of Appendix C

RSCD MITIGATION MEASURES

APPENDIX D

a) Rail Transit Systems

i. Exempt those sections of a rail transit systems' track that have limited access to emergency response personnel from any rotating outage.

ii. PG&E, SDG&E or SCE, as appropriate should provide one hour advanced person-to-person telephone notifications of rotating outages to the Operations Control Center of any affected rail transit system.

iii. Each rail transit system should establish and implement procedures for rotating outages to ensure the safety of pedestrian evacuees on or about the right-of-way. Where there is a shared common corridor with a freight or commuter railroad, the rail transit system should establish and implement procedures to contact the freight or commuter railroad's train dispatching center advising of the outage, any necessary evacuations or other emergency activities.

iv. Rail transit systems and freight or commuter railroads operating in a common corridor should establish procedures jointly to ensure the safety of pedestrian evacuees on or about the right-of-way.

v. PG&E, SDG&E, and SCE should establish necessary and reasonable mitigation measures with each impacted rail transit system. PG&E, SDG&E, and SCE should file and serve a report within 30 days of this decision on the necessary and reasonable mitigation measures which the respondent utility and impacted rail transit system agree to including the measures that the respondent utility will implement. Any rail transit system may file a complaint with the Commission if safety issues involving this matter are not resolved with the respondent utility.

vi. Rail transit systems should determine whether they are subject to rotating outages on those portions of track receiving electric power from sources other than the respondent utilities.

vii. The exemption from rotating outages granted to BART in D.01-04-006 should remain in effect.

viii. The underground exemptions from rotating outages granted to MUNI in D.01-04-006 should remain in effect. With respect to the non-underground portion of MUNI, PG&E should establish necessary and reasonable mitigation measures with MUNI.

b) Grade Crossing Warning Devices

i. Rail Transit systems and freight or commuter railroads operating in common corridors should coordinate and jointly test grade crossing warning devices' emergency battery life.

ii. Rail transit systems and freight or commuter railroads operating in common corridors should conduct planned exercises and safety efficiency testing of the recommended emergency procedures.

iii. Freight and commuter railroads should test grade crossing warning devices under simulated "power-off" to determine current condition of estimated back-up life of the emergency batteries.

iv. Freight and commuter railroads and rail transit systems should maintain and replace, as necessary, batteries in high rail traffic use crossings.

v. Freight and commuter railroads and rail transit systems should ensure that crossing gates "fail" in the down position.

vi. Cities, counties, and other agencies that operate nearby preempted traffic signals connected to grade crossings should develop alternative means of providing warnings to motorists, including, but not limited to, battery backup, police, and flag persons.

vii. Freight and commuter railroads and rail transit systems, as necessary, should operate at "restricted speed" (e.g. ability to stop in ½ the range of vision, not to exceed 20 mph) over grade crossings interconnected with preempted traffic signals during power outages.

c) Freight and Commuter Railroads

i. PG&E, SDG&E, and SCE, as appropriate should provide one-hour advanced person-to-person telephone notifications of a rotating outage to each OCC or central dispatching center of any impacted freight and commuter railroad.

ii. Where common corridors are shared with a rail transit systems, freight and commuter railroads should establish and implement procedures to ensure the safety of rail transit pedestrian evacuees on or about the right-of-way. Those procedures should include notification from the rail transit systems' operations control center to the respective freight or commuter railroad's train dispatching center advising of the outage and any necessary evacuations.

iii. Rail transit systems and freight and commuter railroads should jointly establish procedures to ensure the safety of pedestrian evacuees on or about the right-of-way.

iv. PG&E, SDG&E, and SCE should establish necessary and reasonable mitigation measures with each impacted rail transit system. PG&E, SDG&E, and SCE should file and serve a report within 30 days of this decision on the necessary and reasonable mitigation measures which the respondent utility and each impacted freight and commuter railroad agree to including the measures that the respondent utility will implement.

v. Each freight or commuter railroad may file a complaint with the Commission if there are unresolved disputes.

d) Common Corridor

i. Freight and commuter railroads and rail transit systems should coordinate and jointly test grade crossing warning devices which are separately maintained within a common corridor. Power source variability, operational characteristics and battery life of the two systems should be confirmed.

ii. Freight and commuter railroads and rail transit systems should test grade crossing warning devices under simulated "power-off" conditions to determine current condition of and estimated back-up life of emergency batteries. All railroads and rail transit systems should ensure that crossing gates "fail" in the down position as designed.

iii. Cities, counties, and other agencies that operate nearby preempted traffic signals connected to grade crossings should determine how a power outage will affect these devices. If the preemptive signals have no battery backup system, or they lose functionally during and after a blackout, then alternative means of providing warnings to motorists must be employed. Freight and commuter railroads and rail transit systems not otherwise affected should, as necessary, operate at "restricted speed" (e.g. able to stop in ½ the range of vision, not to exceed 20 mph) over grade crossings interconnected with preempted traffic signals affected by a blackout but not protected by other alternative means.

iv. Freight and commuter railroads and rail transit systems should maintain emergency procedures that address the risks presented by the evacuation of pedestrian passengers stranded by a blackout affecting a rail transit vehicle mid-route through a common corridor right-of-way where freight and/or commuter trains may be operating at full speed. Carriers should ensure effectiveness of emergency procedures through employee testing and unannounced mock drills.

v. This order should be served on all railroad corporations operating in California and they should be added to the service list.

End of Appendix D