Motion To Sanction Expo Authority

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of the Exposition Metro Line Construction Authority for an order authorizing the construction of a two-track at-grade crossing for the Exposition Boulevard Corridor Light Rail Transit Line across Jefferson Boulevard, Adams Boulevard, and 23rd Street, all three crossings located along Flower Street in the City of Los Angeles, County of Los Angeles, California.

Application 06-12-005 (Filed December 6, 2006)

Application 06-12-020 (Filed December 19, 2006) Application 07-01-004 (Filed January 2, 2007) Application 07-01-017 (Filed January 8, 2007) Application 07-01-044 (Filed January 24, 2007)

And Consolidated Proceedings.

Application 07-02-007 (Filed February 7, 2007) Application 07-02-017 (Filed February 16, 2007) Application 07-03-004 (Filed March 5, 2007) Application 07-05-012 (Filed May 8, 2007) Application 07-05-013 (Filed May 8, 2007)

MOTION TO REJECT THE EXPO AUTHORITY'S FEBRUARY 13 LETTER AND REQUEST FOR ALL EXPO AUTHORITY-DECISIONMAKER COMMUNICATION DAMIEN WESLEY CLARK GOODMON Executive Director, Get LA Moving 3062 Stocker Place Los Angeles, CA 90008

On Behalf of EXPO COMMUNITIES UNITED P.O. Box 781267 Los Angeles, CA 90016

Pursuant to Rules 8.2(j) and 11.1 of the Rules of Practice and Procedure, Expo Communities United (“ECU”) hereby files this “Motion to Reject the Expo Authority's February 13 Letter and Request for All Expo Authority-Decisionmaker Communication.” On February 13, 2008, in total disregard of the “Assigned Commissioner and Administrative Law Judge's Ruling Revising Scoping Memo Prohibiting Further Ex Parte Communications” (“RSM“), Martin Mattes, Attorney for the Exposition Metro Line Construction Authority (“Expo Authority”) sent an email to ALJ Koss and CCed to the Service List (“Exhibit A”). The letter, by the experienced litigator who is employed by the experienced firm of Nossaman, Guthner, Knox & Elliott, LLP, is clearly Ex Parte Communication and thus a violation of the clearly defined RSM. Accordingly, the letter should be rejected and Rule 8.2(j) requires the imposition of a penalty or sanction on the Expo Authority, or another order appropriate to ensure the integrity of the record and to protect the public interest. Further, since the Expo Authority, despite their vast legal knowledge and experience still don't understand what is and is not Ex Parte Communication, to “ensure the integrity of the record and to protect the public interest” ECU request all “Documents” and all “Information” between the Expo Authority (including their representatives, agents, and interested persons) and Decisionmakers (including their personal advisors) be made available to the entire service list and entered into the record, whether currently considered Ex Parte or not. “Documents” is defined to have the same meaning as the term “Writing” as defined in Evidence Code § 250: “handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record 1

has been stored.” “Information” includes the date, time, and location of the communication, and identity of parties. ECU is particularly concerned about communication between Council Member Bernard Parks, who is a member of the Board of Directors of the Expo Authority, and assigned Commissioner Timothy Simon, which led to Commissioner Simon's Open Letter to Lawmakers Regarding The Exposition Metro Line Proceeding (“Exhibit B”). Commissioner Simon, in response to “concern[s] with the CPUC's time consuming process of approving“ applications from Council Member Parks, along with Santa Monica representative State Senator Sheila Kuehl (“Exhibit C”), sent the Open Letter expressing that it was his “highest priority” to “expedite this process.” Perhaps ECU should be thankful that unlike the previous communication, the Expo Authority notified the service list of the particular violation of California law that occurred on February 13, 2008. Respectfully submitted, /s/

DAMIEN W.C. GOODMON Damien W.C. Goodmon

on behalf of Expo Communities United P.O. Box 781267 Los Angeles, CA 90016 Tel:

(323) 932 – 1959

Email: [email protected] Date: February 20, 2008 2