20040503_822.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:APRIL 30, 2004
RE:TWO RAILROAD ABANDONMENTS: UNION PACIFIC'S INDUSTRIAL
LEAD IN KOOTENAI COUNTY (STB DOCKET NO. AB-33 (Sub-No. 218X)
AND GREAT NORTHWEST (FORMERLY CAMAS PRAIRIE) RAIL-
ROAD'S JA YPE BRANCH BETWEEN OROFINO AND JA TIE (STB
DOCKET NO. AB-872X)
The Commission Staff has learned that Union Pacific Railroad and the Great
Northwest Railroad (formerly the Camas Prairie) are each in the early stages of preparing
applications to abandon trackage in Idaho. Set out below in greater detail is more information
about each abandonment.
1. Union Pacific: Last month Union Pacific notified the Commission that it intends
to file an application with the Surface Transportation Board (STB) to abandon 5.25 miles
track in Kootenai County. This section of track is commonly referred to as the "Coeur d' Alene
Industrial Lead" running from the Feeley Spur to near Gibbs. As the Commission is aware, the
STB is the entity within the u.S. Department of Transportation with the authority to approve or
deny rail line abandonment.
In preparation for filing its abandonment application, Union Pacific is conducting its
early environmental analysis to identify any potential affects of the abandonment. The Railroad
has made inquiries to the various environmental entities. At this juncture, the Railroad intends to
use the expedited "exemption" process to abandon this rail line. The exemption process may be
used if no rail traffic has moved on the line for the past two years. Under the STB procedures
once the exemption is filed, the STB will publish the notice in the Federal Register within
days. Unless stayed, the Railroad may abandon the line 30 days after the Notice of
Abandonment is published in the Federal Register.
DECISION MEMORANDUM
At this point, the Staff is unaware of any opposition to the abandonment. The only
concern voiced to Staff was from Stimson Lumber which was concerned if the abandonment
included the section of the rail line south of the Saltease Bridge.
2. The Great Northwest The Great Northwest Railroad also anticipates filing an
abandonment application for the Jaype Branch. This branch runs ITom Mile Post 0.0 at Orofino
to Mile Post 31.0 near Jaype. The predominant use of this line was for hauling lumber products
and logs. It too has made inquiries to state and federal agencies.
CO MMISSI 0 N PROCEED IN G
As previously mentioned, the STB is the federal entity with the authority to approve
or deny rail line abandonment. Idaho Code ~ 62-424 provides that the Commission "shall
schedule a public hearing on the proposed abandonment." Because both of these abandonments
will probably utilize the exemption process, the abandonments may be effective in as little as 50
days. It is for this reason the Staff is bringing the matter to the Commission now.
As previously indicated, the reason both railroads are utilizing the exemption process
is that no traffic has moved over these line segments in the last 24 months. The STB recognizes
that the lack of traffic is indicative that the public convenience and necessity no longer require
railroad service on these lines. Nevertheless, the Commission is required by Idaho Code ~ 62-
424 to hold a public hearing in railroad abandonment proceedings. Neither railroad has
identified a specific date in which they intend to file the abandonment application but have
indicated that the filing will likely occur in the next 60-90 days.
COMMISSION DECISION
1. At such time as the Commission Staff has gathered the necessary information to
be included in a Notice of Abandonment, do you wish to initiate cases in these abandonment
proceedings.
2. Given the Commission s workload and previously scheduled activities, does the
Commission wish to use a hearing officer to conduct public hearings in these two rail
abandonment cases?
3. Anything else?
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cL-
Don Howell
Vld/M:railroad abandonments dh
DECISION MEMORANDUM