BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Peninsula Corridor Joint Powers Board (Caltrain) Requesting Authority for Variances from Portions of General Order 95 Application 09-06-009 (Filed June 8, 2009) RESPONSE OF SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E) TO THE APPLICATION OF PENINSULA CORRIDOR JOINT POWERS BOARD (CALTRAIN) REQUESTING AUTHORITY FOR VARIANCES FROM PORTIONS OF GENERAL ORDER 95 Pursuant to Rule 2.6 of the California Public Utilities Commission s (Commission or CPUC) Rules of Practice and Procedure, Southern California Edison Company (SCE) respectfully files its response to the June 8, 2009 Application of the Peninsula Corridor Joint Powers Board (Caltrain) Requesting Authority for Variances from Portions of General Order 95 (Application). The Application was filed in order to permit the electrification of [Caltrain s] diesel-powered commuter line between San Francisco and San Jose. 1 Due to project constraints, Caltrain also requested that the Commission either grant the Application on an ex parte basis or limit participation in the proceeding only to those entities who file timely protests or responses to the Application. 2 Finally, Caltrain proposed a schedule for this proceeding that anticipated a final decision in October 2009. 3 1 Application at p. 1. 2 Application at p. 7. 3 Application at p. 7. 1

SCE was prepared to file a substantive response to Caltrain s Application. However, on July 2, 2009, Caltrain filed a motion to dismiss its Application without prejudice, stating Caltrain has learned that certain interested parties had more serious concerns with the Application than were anticipated. Rather than undertake discussion with such parties under the scheduling constraints of a Commission proceeding, Caltrain prefers to resolve these concerns separately and resubmit the Application at a later date. 4 SCE has no objection to Caltrain s motion. Although Caltrain s motion to dismiss had not yet been ruled upon at the time of this response, SCE fully expects that the motion will be granted. Therefore, SCE has withheld its substantive response to Caltrain s Application. SCE reserves the right to file a substantive response to Caltrain s Application or any future Application should such a proceeding be opened. /s/ ROBERT F. LeMOINE By: Robert F. LeMoine Attorneys for SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770 Telephone: (626) 302-4182 Facsimile: (626) 302-6693 E-mail: Robert.F.LeMoine@sce.com July 10, 2009 4 Caltrain s Motion to Dismiss, at p. 2. 2

CERTIFICATE OF SERVICE I hereby certify that, pursuant to the Commission s Rules of Practice and Procedure, I have this day served a true copy of the RESPONSE OF SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E) TO THE APPLICATION OF PENISULA CORRIDOR JOINT POWERS BOARD (CALTRAIN) REQUESTING AUTHORITY FOR VARIANCES FROM PORTIONS OF GENERAL ORDER 95 on all parties identified on the attached service list(s). Service was effected by one or more means indicated below: Transmitting the copies via e-mail to all parties who have provided an e-mail address. First class mail will be used if electronic service cannot be effectuated. Executed this 10th day of July, 2009, at Rosemead, California. /s/ ANDREA MORENO Andrea Moreno Project Analyst SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770

CPUC - Service Lists - A0906009 http://docs.cpuc.ca.gov/published/service_lists/a0906009_78446.htm Page 1 of 2 7/10/2009 CPUC Home CALIFORNIA PUBLIC UTILITIES COMMISSION Service Lists PROCEEDING: A0906009 - PENINSULA CORRIDOR J FILER: PENINSULA CORRIDOR JOINT POWERS BOARD (CALTRAIN) LIST NAME: LIST LAST CHANGED: JULY 9, 2009 DOWNLOAD THE COMMA-DELIMITED FILE ABOUT COMMA-DELIMITED FILES Back to Service Lists Index Parties MICHAEL N. CONNERAN DAVID M. PICKETT HANSON BRIDGETT, LLP GENERAL ATTORNEY, LAW DEPT. 425 MARKET STREET, 26TH FLOOR UNION PACIFIC RAILROAD COMPANY SAN FRANCISCO, CA 94105 10031 FOOTHILLS BLVD., SUITE 200 FOR: PENINSULA CORRIDOR JOINT POWERS ROSEVILLE, CA 95747-7101 BOARD FOR: UNION PACIFIC RAILROAD CO. Information Only JIM MALONEY JACOB PARK MARITIME MARKETING MANAGER VP - RAILROAD PORT OF SAN FRANCISCO SAN FRANCISCO BAY RAILROAD PIER 1, THE EMBARCADERO 100 CARGO WAY @ PIER 96 RAILYARD SAN FRANCISCO, CA 94111 SAN FRANCISCO, CA 94124 State Service GEORGETTA GREGORY VAHAK PETROSSIAN RAIL TRANSIT AND CROSSINGS BRANCH 320 WEST 4TH STREET SUITE 500 320 WEST 4TH STREET SUITE 500 LOS ANGELES, CA 90013 LOS ANGELES, CA 90013 ERIK JUUL SAFETY & RELIABILITY BRANCH GEORGE ELSMORE

CPUC - Service Lists - A0906009 http://docs.cpuc.ca.gov/published/service_lists/a0906009_78446.htm Page 2 of 2 7/10/2009 AREA 2-A ROOM 2201 505 VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA 94102-3214 SAN FRANCISCO, CA 94102-3214 KIMBERLY LIPPI VIRGINIA LAYA LEGAL DIVISION ROOM 5001 AREA 2-B 505 VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA 94102-3214 SAN FRANCISCO, CA 94102-3214 DAREN S. GILBERT 515 L STREET, SUITE 1119 SACRAMENTO, CA 95814 TOP OF PAGE BACK TO INDEX OF SERVICE LISTS