above the tracks of Union Pacific Railroad (UPRR). There were no protests or objections filed to the Application. A telephonic prehearing conference (PHC) was held on April 28, 2017 with participation by the City’s Public Works Director, outside counsel for the City and two members of the Commission’s Safety and Enforcement Division’s Rail Crossing Engineering Branch (RCEB). UPRR did not participate in the PHC. RCEB staff informed the judge that RCEB staff had contacted UPRR, and were informed that UPRR had knowledge of the application and were aware of the project, but did not receive notice of the PHC. By Ruling dated April 28, 2017, the Administrative Law Judge (ALJ) ordered counsel for the City to provide contact information for UPRR so that they would receive a copy of the Scoping Memorandum and would have an opportunity to join the proceeding as a party should they file a motion to do so. On May 15, 2017, the assigned Commissioner issued a Scoping Memo and Ruling (Scoping Memo), which set forth the procedural schedule and addressed the scope of the proceeding. The Scoping Memo determined the following issues to be within the scope of this proceeding: Whether the City should be authorized to construct the South Bayfront Pedestrian Bicycle Bridge above UPRR’s tracks in Emeryville? Whether the bridge design proposed by the City is in compliance with the Commission’s GO-26-D? Whether the project is exempt from CEQA? The Scoping Memo concluded that there were no disputed issues of material fact requiring an evidentiary hearing. On June 22, 2017, the ALJ issued further ruling ordering RCEB to file a confirmation of its conclusion that the Project summary of its review of the Project,
above the tracks of Union Pacific Railroad (UPRR). There were no protests or objections filed to the Application. A telephonic prehearing conference (PHC) was held on April 28, 2017 with participation by the City’s Public Works Director, outside counsel for the City and two members of the Commission’s Safety and Enforcement Division’s Rail Crossing Engineering Branch (RCEB). UPRR did not participate in the PHC. RCEB staff informed the judge that RCEB staff had contacted UPRR, and were informed that UPRR had knowledge of the application and were aware of the project, but did not receive notice of the PHC. By Ruling dated April 28, 2017, the Administrative Law Judge (ALJ) ordered counsel for the City to provide contact information for UPRR so that they would receive a copy of the Scoping Memorandum and would have an opportunity to join the proceeding as a party should they file a motion to do so. On May 15, 2017, the assigned Commissioner issued a Scoping Memo and Ruling (Scoping Memo), which set forth the procedural schedule and addressed the scope of the proceeding. The Scoping Memo determined the following issues to be within the scope of this proceeding: Whether the City should be authorized to construct the South Bayfront Pedestrian Bicycle Bridge above UPRR’s tracks in Emeryville? Whether the bridge design proposed by the City is in compliance with the Commission’s GO-26-D? Whether the project is exempt from CEQA? The Scoping Memo concluded that there were no disputed issues of material fact requiring an evidentiary hearing. On June 22, 2017, the ALJ issued further ruling ordering RCEB to file a summary of its review of the Project, confirmation of its conclusion that the Project
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