PUC

This writ of review proceeding presents the question of whether the Public Utilities Commission (the commission) has the authority to order railroads to stop using locomotive-mounted horns at certain pedestrian rail crossings in the City of San Clemente (the city). We conclude the answer to that question is “no,” because in Public Utilities Code section 7604 the Legislature has commanded that an audible warning device mounted on the train must be sounded at every rail crossing in the state, except those within federally established quiet zones. Because the pedestrian crossings at issue here are not within a federally established quiet zone, a train horn must be sounded at those crossings, and the commission has no authority to order otherwise. Accordingly, we will set aside the commission’s decision to the contrary.

FACTUAL AND PROCEDURAL BACKGROUND

In the city, a railroad track separates the beach from the bluff on which the residential and commercial areas of the city are located. (In the Matter of the Application of the City of San Clemente (May 27, 2004) Cal.P.U.C. Dec. No. 04-05-053 [2004 Cal.P.U.C. Lexis 270, p. *1].) The track is presently used by petitioner BNSF…