ALJ/PVA/vm2 PROPOSED DECISION Agenda ID# 16131 Ratesetting 11/30/17

Decision ______

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of the SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (BART) for an order to Construct one new grade- separated Crossing for the West access Bridge and Plaza Project for Pedestrian and Bicycle access to the Warm Springs/South Fremont Application 17-06-004 BART Station, across and over the tracks of the Union Pacific Railroad Warm Springs Subdivision near Mile Post 5.15 in the City of Fremont, County of Alameda, State of California.

DECISION APPROVING CONSTRUCTION OF THE WEST ACCESS BRIDGE GRADE-SEPARATED RAIL CROSSING

Summary

This decision approves the application of the San Francisco Bay Area Rapid Transit District (BART) for construction of its proposed West Access Bridge grade- separated rail crossing project for an access bridge for pedestrians and bicycles for the Warm Springs/South Fremont BART station. Application 17-06-004 is closed.

1. Background On June 1, 2017, the San Francisco Bay Area Rapid Transit District (BART) filed an Application requesting approval for construction of its proposed West Access Bridge grade-separated crossing over the Union Pacific Railroad Warm Springs Subdivision (UPRR) in the City of Fremont, for an access bridge for pedestrians and bicycles for the existing Warm Springs/South Fremont BART station. The proposed West Access Bridge would span over a total of six UPRR tracks.

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The Commission’s Safety and Enforcement Division (SED) late-filed a response to the Application. No other responses or protests were filed. A prehearing conference (PHC) was held on August 21, 2017.1 At the PHC, the assigned Administrative Law Judge (ALJ) granted SED’s motion to accept its late-filed response. A Scoping Memo was issued on October 17, 2017, which allowed for parties to file comments with suggested corrections or clarification to the scope of the proceeding. No comments were received.

2. Discussion The only issue before this Commission is whether the Commission should authorize BART’s request for construction of the West Access Bridge, consisting of one new grade-separated crossing of UPRR tracks located in the City of Fremont. SED has stated that it has no issues with the project, and is satisfied that the design of the project meets the Commission’s safety requirements. (Transcript v. PHC at 6-7.) There is no evidence to the contrary.

California Environmental Quality Act The City of Fremont, pursuant to the California Environmental Quality Act (CEQA), adopted a Mitigated Negative Declaration (MND) for a larger project (encompassing the project before the Commission) on January 12, 2016. (Application at 2.) Accordingly, for CEQA purposes the Commission is a Responsible Agency for the specific project that is before the Commission. (CEQA Guideline 15096.) The Commission has reviewed the MND, in particular the portions of the MND that address the grade-separated crossing that is the project that this Commission is asked to approve. The Commission has determined that CEQA does not apply to the project before the Commission, pursuant to state law: This division does not apply to any of the following activities: […] (10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. (Cal. Public Resources Code §21080(b)(10).) 1 The August 21, 2017 PHC also addressed BART’s separate application A.17-06-003.

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Based on the record before the Commission, the West Access Bridge rail crossing project is a project for the increase of passenger services on a rail right-of-way already in use, and is a modernization of an existing station. Accordingly, no further findings are required under CEQA.

3. Waiver of Comment Period This is an uncontested matter that grants the relief requested. The comment period is waived pursuant to Pub. Util. Code § 311(g)(2).

4. Assignment of Proceeding Liane Randolph is the assigned Commissioner and Peter V. Allen is the assigned ALJ in this proceeding.

5. Findings of Fact 1. The West Access Bridge project is a grade-separated rail crossing, and is a modernization of an existing station. 2. The design of the West Access Bridge project meets all of the Commission’s safety requirements.

6. Conclusions of Law 1. CEQA does not apply to the West Access Bridge project. 2. It is reasonable to approve the construction of the West Access Bridge project. O R D E R

IT IS ORDERED that: 1. The request of the Bay Area Rapid Transit District for construction of the West Access Bridge is approved. 2. Application 17-06-004 is closed. This order is effective today. Dated ______, at San Francisco, California.

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