Decision ALTERNATE DRAFT DECISION OF COMMISSIONER (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) |
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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.
On June 22, 2000 an Executive Director Order, issued pursuant to the authority given by Resolution A-4661, corrected this seeming 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 rescind the action of the Executive Director and retain the last paragraph on page 3 of D.00-06-078. This would leave the decision, as originally issued, intact.
The alternate decision of the Commission was mailed to the parties on July 6, 2000, in accordance with Rule 77.6(d).
1. D.00-06-078 was issued with a paragraph that was originally believed to have been included in error.
2. An Executive Director Order was issued on June 22, 2000 to remove that paragraph.
3. The issuance of the Executive Director Order was erroneous.
The Executive Director Order of June 22, 2000 should be rescinded and the order, as originally issued, should remain intact.
IT IS ORDERED that the Executive Director's Order of June 22, 2000 is rescinded and the last paragraph on page 3 of Decision 00-06-078 should remain as part of the Decision 00-06-078.
This order is effective today.
Dated , at San Francisco, California.
