CPSD/RTSS/RDW/vdl/mc1 Mailed 9/24/08

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Consumer Protection and Safety Division Resolution ST-99 Rail Transit Safety Section September 18, 2008

RESOLUTION

RESOLUTION ST-99 GRANTING APPROVAL OF THE FINAL REPORT ON THE 2008 SAFETY & SECURITY REVIEW OF THE SACRAMENTO REGIONAL TRANSIT DISTRICT (SRTD)

Summary

This resolution approves the Consumer Protection and Safety Division (CPSD) final audit report titled, "Triennial On-Site Safety & Security Review of the Sacramento Regional Transit District," dated August 14, 2008. SRTD is ordered to implement the recommendations contained in the report and to provide monthly progress reports.

Background

Commission General Order No. 164-D, "Rules and Regulations Governing State Safety Oversight of Rail Fixed Guideway Systems" requires staff to conduct on-site safety reviews of transit agencies operating Rail Fixed Guideway Systems at least once every three years.

The Rail Transit Safety Section (RTSS) conducted an on-site safety and security review of SRTD beginning April 7 and concluding April 11, 2008. Staff conducted a post-audit exit conference with SRTD management on Monday, April 28, 2008.

The methods used to conduct the audit included: a. Interviews with SRTD employees at all levels from rank and file through SRTD management; b. Reviews of design, construction, procurement, testing, training, operation and maintenance programs; c. Reviews of records and procedures; d. Observation of operations and maintenance activities; and e. Inspections of equipment and facilities.

352706 - 1 - CPSD/RTSS/RDW/vdl/mc1 Resolution ST-99 September 18, 2008

A full description of the audit, including the scope, results, and recommendations, is contained in the final audit report which is attached to this resolution as Attachment A.

The results of the audit show that SRTD is in compliance with its System Safety & Security Program. However, some program deficiencies were identified during the audit. These deficiencies, along with recommendations for corrective actions, are described, where applicable, in the Findings/Comments/Recommendations section of each checklist and in the body of the final report. A complete listing of recommendations for the correction of each identified deficiency is contained in Appendix B of the report.

Protests

Staff provided a preliminary report of the audit to SRTD for a 30-day review and comment period on June 20, 2008. SRTD confirmed the factual accuracy of the report in a letter dated July 16, 2008.

Discussion

The final report, “Triennial On-Site Safety & Security Review of the Sacramento Regional Transit District", dated August 14, 2008, is included as Attachment A. It is based on staff findings and includes staff recommendations.

SRTD has stated to staff that it is working to develop corrective action plans for the deficiencies identified in the report and has initiated actions on some plans. SRTD will provide regular monthly updates concerning the status of its corrective actions until they are completed.

CPSD recommends that the Commission approve the final audit report titled, “Triennial On-Site Safety & Security Review of the Sacramento Regional Transit District," dated August 14, 2008. CPSD also recommends that the Commission order SRTD to:

- 2 - CPSD/RTSS/RDW/vdl/mc1 Resolution ST-99 September 18, 2008

• Submit a report to the RTSS, which includes the status of the corrective actions for safety and security program deficiencies identified during the audit; • Submit plans and schedules for implementing and completing the recommended corrective actions contained in the report; • Implement the recommendations in accordance with the plans and schedules submitted; and • Provide the RTSS with monthly reports on the status of the corrective actions until they are completed and implemented.

Comments

Public Utilities Code Section 311(g) (1) provides that this resolution must be served on all parties and subject to at least 30 days public review and comment prior to a vote of the Commission.

Resolution ST-99 was mailed to SRTD on August 14, 2008. SRTD had no comments and waived the 30-day review and comment period as required in Public Utilities Code Section 311(g) (1).

Therefore, IT IS ORDERED that:

1. The Consumer Protection and Safety Division's request for approval of the final audit report titled, “Triennial On-Site Safety & Security Review of the Sacramento Regional Transit District," dated August 14, 2008, is granted.

2. The Sacramento Regional Transit District (SRTD) shall submit to the Rail Transit Safety Section (RTSS) plans and schedules for implementing all recommended corrective actions contained in the final audit report. Those plans and schedules shall be submitted no later than 45 days from the effective date of this resolution.

3. SRTD shall complete and implement all recommended corrective actions contained in the report, in accordance with plans and schedules submitted to the RTSS.

- 3 - CPSD/RTSS/RDW/vdl/mc1 Resolution ST-99 September 18, 2008

4. SRTD shall prepare and provide monthly status reports, beginning on January 1, 2009, to the RTSS. The reports shall contain detailed information on the implementation of all remaining recommended corrective actions contained in the final audit report. Monthly status reports shall continue to be provided until all recommended corrective actions are completed and implemented.

5. This resolution is effective today.

I certify that this resolution was adopted by the Public Utilities Commission at its regular meeting held on September 18, 2008. The following Commissioners voting favorably thereon:

/s/ PAUL CLANON PAUL CLANON Executive Director

MICHAEL R. PEEVEY President DIAN M. GRUENEICH JOHN A. BOHN RACHELLE B. CHONG TIMOTHY ALAN SIMON Commissioners

- 4 -

ATTACHMENT A

2008 TRIENNIAL ON-SITE SAFETY AND SECURITY REVIEW SACRAMENTO REGIONAL TRANSIT DISTRICT (SRTD)

RAIL TRANSIT SAFETY SECTION RAIL TRANSIT AND CROSSINGS BRANCH CONSUMER PROTECTION AND SAFETY DIVISION CALIFORNIA PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE SAN FRANCISCO, CA 94102

August 14, 2008

Final Report

Richard W. Clark, Director Consumer Protection and Safety Division

2008 TRIENNIAL ON-SITE SAFETY AND SECURITY REVIEW SACRAMENTO REGIONAL TRANSIT DISTRICT (SRTD)

ACKNOWLEDGEMENT

The California Public Utilities Commission’s Rail Transit Safety Section, with the assistance of the Commission’s Railroad Operations Safety Branch, conducted this system safety and security programs review. Staff members directly responsible for conducting safety and security review and inspection activities include:

Raed Dwairi, Lead Reviewer Erik Juul Joey Bigornia Noel Takahara Ni Liu Dain Pankratz Rupa Shitole Arun Mehta Anton Garabetian Vincent Kwong Jimmy Xia Howard Huie (Observer)

ii

TABLE OF CONTENTS

Page

1. EXECUTIVE SUMMARY ...... 1

2. INTRODUCTION ...... 2

3. BACKGROUND ...... 3

SRTD Rail System Description ...... 3

2005 On-Site Safety Audit Result ...... 4

4. REVIEW PROCEDURE ...... 5

5. FINDINGS AND RECOMMENDATIONS...... 6

APPENDICES

A. SRTD 2008 Triennial Safety Review Checklist Index ...... 13

B. SRTD 2008 Triennial Safety Review Recommendations List ...... 15

C. SRTD 2008 Triennial Safety Review Checklists ...... 16

iii

1. EXECUTIVE SUMMARY

The California Public Utilities Commission’s (Commission) Consumer Protection and Safety Division (CPSD), Rail Transit Safety Section staff (staff), with assistance from the Railroad Operations Safety Branch and Utilities Safety Branch staff (staff), conducted an on-site safety and security review of Sacramento Regional Transit District’s (SRTD) system safety program in April 2008.

The on-site review was preceded by a pre-review conference with SRTD personnel on April 7, 2008.

Staff conducted the 2008 SRTD on-site safety and security review from April 7 to April 11 and April 18, 2008. The review focused on verifying the effective implementation of the system safety and security program plans.

Staff held a post-review conference with SRTD personnel following the on-site safety and security review on April 28, 2008. Staff provided SRTD personnel with a synopsis of the preliminary review findings and possible recommendations for corrective actions.

The review results indicate that SRTD has a comprehensive System Safety Program Plan (SSPP) and has effectively carried out that plan. SRTD was also found to have a strong detection and deterrence program and is well prepared to respond effectively to natural and human caused security threats. However, exceptions were noted during the review. These are described in the Findings and Recommendations section of each checklist. Of the 32 checklists, staff made nine recommendations for corrective action. These are distributed among the Engineering, Operations, Wayside and LRV Maintenance departments.

The Introduction for this report is presented in Section 2. The Background, in Section 3, contains a description of SRTD rail system and the 2005 on-site safety review results. Section 4 describes the review procedure. The review findings and recommendations are depicted in Section 5. The 2008 SRTD Triennial Safety Review Checklist Index and the Recommendations List are included, respectively, in Appendices A and B. The Review Checklists are presented in Appendix C.

1

2. INTRODUCTION

The Commission’s General Order (GO) 164-D1, Rules and Regulations Governing State Safety Oversight of Rail Fixed Guideway Systems, and the Federal Transit Administration’s (FTA) Rule, Title 49 Code of Federal Regulations (CFR) Part 659, Rail Fixed Guideway Systems: State Safety Oversight, require the designated State Safety Oversight Agencies to perform a review of each rail transit agency’s system safety program and system security plan at a minimum of once every three years. The purpose of the triennial review is to verify compliance and evaluate the effectiveness of each rail transit agency’s System Safety Program Plan (SSPP) and System Security Plan (SSP) and to assess the level of compliance with GO 164-D as well as other Commission safety requirements. The previous on-site safety review of SRTD was conducted by staff in June 2005.

SRTD General Manager was advised by letter dated March 7, 2008 that the triennial review was scheduled for the week of April 7, 2008. The letter included 32 checklists that served as the basis for the review. Four of the 32 checklists outlined inspection of track, signals, electric power systems, and vehicles. The remaining 28 checklists focused on the verification of the effective implementation of the safety and security program plans.

On April 22 and 23, 2008 staff from the Commission’s Rail Operations Safety Branch conducted inspections of SRTD’s track and signals. Vehicle inspections were conducted on April 21, 2008. Staff conducted a pre-review conference on April 7, 2008 with SRTD executives and department managers.

Staff conducted the on-site safety review and records review from April 7, 2008 to April 11, 2008. At the conclusion of each review activity, staff provided SRTD personnel a summary of the preliminary findings and discussed any preliminary recommendations for corrective actions.

On April 28, 2007, staff conducted a post-review exit meeting with SRTD’s executives and department managers. Staff provided the attendees a synopsis of the findings from the 32 checklists and discussed the need for corrective actions where applicable.

1 The FTA’s latest revision of 49 CFR Part 659 became effective in May 2006. Subsequently, the Commission revised and adopted General Order 164-D which superseded 164-C on May 3, 2007. Until the Commission’s adoption of GO 164-D, staff requested SRTD to revis