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 Application 06-12-005
Boulevard Corridor Light Rail Transit Line (Filed December 6, 2006)
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 06-12-020
(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 On Behalf of

Executive Director, Get LA Moving EXPO COMMUNITIES UNITED
3062 Stocker Place P.O. Box 781267
Los Angeles, CA 90008 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: expocommunities@gmail.com

Date: February 20, 2008