Decision DRAFT DECISION OF ALJ WEISMEHL (Mailed 7/6/00)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Investigation for the purpose of establishing a list for the fiscal years 2000-2001 and 2001-2002 of existing and proposed crossings at grade of city streets, county roads, or state highways in need of separation, or projects effecting the elimination of grade crossings by removal or relocation of streets or railroad tracks, or existing separations in need of alterations or reconstruction in accordance with Section 2452 of the Streets and Highways Code. |
Investigation 99-07-001 (Filed July 8, 1999) |
OPINION
Decision (D.) 00-06-078 was approved by the Commission on June 22, 2000. Subsequent to the Commission meeting at which this decision was approved, it was determined that the last paragraph on page 3 of the decision, describing pending legislation and the impact it might have on the funding of rail crossing projects, was not intended to be part of the decision, but had not been removed from the approved and mailed text. This paragraph is dicta not essential to the decision.
On June 22, 2000, an Executive Director Order, issued pursuant to the authority given by Resolution A-4661, corrected this clerical error by deleting the last paragraph on page 3. Subsequently it was determined that some confusion existed as to whether it was the desire of the Commission to include or exclude this paragraph.
The purpose of this order is to affirm the action of the Executive Director deleting the last paragraph on page 3 of D.00-06-078.
This is a matter that affirms a nonsubstantive change in a decision. This decision should be considered a noncontested matter which does not change the outcome or any element of substance of the previously issued decision. Accordingly, pursuant to Section 311(g)(2) of the Public Utilities Code, the otherwise applicable 30-day period for public review and comment is being waived.
D.00-06-078 was issued with a paragraph that should have been deleted, such paragraph being dicta and not affecting the outcome or any substantive issue in the decision.
The Executive Director Order of June 22, 2000 should be affirmed.
IT IS ORDERED that the last paragraph on page 3 of Decision 00-06-078 should be deleted, affirming the Executive Director Order of June 22, 2000.
This order is effective today.
Dated , at San Francisco, California.
