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HomeMy WebLinkAboutCPRRVOL2.docx 1 CRAIGMONT, IDAHO, MONDAY, JUNE 19, 2000, 6:20 P.M. 2 3 4 COMMISSIONER KJELLANDER: Good 5 evening, ladies and gentlemen. Can you hear me okay 6 in the back? Is the system on? 7 Great. Okay, there we are. 8 Well, good evening. This hearing will 9 now be in order. This is the time and place set by 10 the Idaho Public Utilities Commission for a public 11 hearing on Case No. CPR-R-00-1, also known As in the 12 matter of Camas Prairie RailNet's Application to 13 abandon the Spalding-Grangeville Branch in Lewis, 14 Idaho, and Nez Perce counties. 15 My name is Paul Kjellander; I'm a 16 member of the Commission and I'll be chairing 17 tonight's hearing. At my right is Commissioner 18 Marsha Smith, and to my left is Commissioner 19 Dennis Hansen. The three of us make up the entire 20 Commission. 21 Now, tonight's proceedings are unique 22 to the Railroad abandonment process. According to 23 Idaho State Code, the Commission's responsibility is 24 to review the abandonment based on three criteria. 25 The criteria are as follows: 63 HEDRICK COURT REPORTING COLLOQUY P.O. BOX 578, BOISE, ID 83701 1 First, whether the abandonment would 2 adversely affect the area being served; 3 Second, whether it would impair the 4 access of Idaho communities to vital goods and 5 services, and market access to those communities; 6 And, third, whether the line has 7 potential for profitability. 8 If the Commission finds in the 9 affirmative of these criteria, then it will transmit 10 a report of its findings to the Surface 11 Transportation Board on behalf of the people of the 12 State of Idaho; and it would be helpful for the 13 purposes of tonight's hearing if your comments could 14 focus on those specific issues, those three criteria 15 that were previously outlined. 16 We have circulated a sign-up sheet, 17 and if you have not yet had an opportunity to sign 18 or decide later on that you would like to testify, 19 there will be ample opportunity, so don't feel that 20 you'll be left out. We'll stay until we've heard 21 from all of you. 22 Earlier today we began with the 23 technical hearing. We recessed that, and 24 immediately following the public hearing this 25 evening, we'll return to that technical hearing and 64 HEDRICK COURT REPORTING COLLOQUY P.O. BOX 578, BOISE, ID 83701 1 wrap up testimony and cross-examination of that 2 witness. 3 What we need to do first is to begin 4 by taking the appearances of the parties, and we'll 5 begin with Counsel for Camas Prairie Railroad. 6 MR. HEFFNER: My name is John 7 Heffner. I'm an attorney with the Washington, D.C., 8 firm of Rea, Cross and Auchincloss, and I represent 9 Camas Prairie RailNet. 10 COMMISSIONER KJELLANDER: Thank you. 11 Counsel for the Idaho Public Utilities Staff. 12 MR. HOWELL: For Commission Staff, 13 Don Howell, Deputy Attorney General, for the Staff. 14 COMMISSIONER KJELLANDER: And United 15 Transportation Union of Idaho. 16 MR. MILLWARD: George Millward, 17 representing the Idaho Legislative Board and UTU 18 railroad workers. 19 COMMISSIONER KJELLANDER: And is there 20 any other intervening party that we've missed to 21 tonight for purposes of cross-examination? 22 If not, are there any preliminary 23 matters that need to come before the Commission? 24 I believe earlier today we had heard 25 that Counsel for Camas Prairie RailNet might like to 65 HEDRICK COURT REPORTING COLLOQUY P.O. BOX 578, BOISE, ID 83701 1 make a brief opening statement, and this would be 2 the time and place. 3 MR. HEFFNER: When I arrived earlier 4 today, I saw a sign that said basically, I -- let me 5 start again. When I arrived, I had word that the 6 shippers had submitted a filing on behalf of their 7 group called Save the Camas Prairie RailNet, or 8 something to that effect, or Save the Camas Prairie 9 Railroad; and so I want everybody to know that I too 10 am here to save Camas Prairie Railroad. What I am 11 referring to is the Camas Prairie Railroad Company; 12 in other words, my client. 13 And the thought that I want to convey 14 to everybody is that my client wants to work with 15 the shippers and the community and/or communities 16 and the elected officials to find a way to preserve 17 rail service while eliminating the deficit that we 18 are experiencing. Now, this could take any number 19 of forums, including transferring ownership of the 20 Railroad to some public agency, shipper association, 21 quasi-public/private partnership, eliminating the or 22 should we say ending real estate taxes on the 23 Railroad, shipper commitments that would achieve a 24 greater level of usage of the Railroad so that the 25 Railroad could be profitable, maybe having the State 66 HEDRICK COURT REPORTING COLLOQUY P.O. BOX 578, BOISE, ID 83701 1 take over the responsibility for the bridge -- 2 bridges and structures. 3 So I here -- I appear here in a 4 cooperative rather than in an adversarial role. And 5 I've represented many other short line railroads, 6 more commonly in acquisitions rather than 7 abandonments. I've represented public authorities 8 very similar to the State of Idaho, or subdivisions 9 in the state of Idaho. And so the bottom line is we 10 too would like to find a mutually-satisfactory 11 solution to this problem, but unfortunately, my 12 client can't afford to continue with a what 13 approaches a million dollar a year deficit. 14 And so I am looking for solutions. I 15 am available, I am accessible, and I'll give you my 16 phone number in D. C.: 202-785-3700. And I can 17 tell you that Camas Prairie RailNet's General 18 Manager Kevin Spradlin would be delighted to work 19 with people on a preservation of the Railroad, and 20 we are delighted to entertain proposals to subsidize 21 operations or to purchase the Railroad. 22 Thank you. 23 COMMISSIONER KJELLANDER: Thank you 24 for your comments. 25 For the record, we make a full 67 HEDRICK COURT REPORTING COLLOQUY P.O. BOX 578, BOISE, ID 83701 1 transcript of these proceedings, which means your 2 comments will be taken down by our court reporter, 3 and will be available for official review. The 4 Commission will consider all of your comments in its 5 deliberations on this case. 6 Now, as we proceed tonight, I'll call 7 your name from the sign-up sheet and ask you to come 8 forward. At that point, Commissioner Hansen will 9 ask you to raise your right hand, at which time 10 you'll be sworn in. If you could, please, as you 11 come forward, just come between the court reporter 12 and that table; there are some cables over here that 13 are taped down, but it would probably be easier for 14 you to come this way so you don't end up 15 accidentally tripping over some of that cabling. 16 And then what you'll need to do is go 17 over to that chair and sit down. The Staff 18 attorney -- Mr. Don Howell -- will ask you very few, 19 brief, preliminary questions; and at that point, 20 you'll be free to offer up your statement. 21 Once you've given your statement, 22 you'll be subjected to cross-examination, which 23 amounts to a possible follow-up question or two by 24 some of the other Intervenors at the front tables 25 here. 68 HEDRICK COURT REPORTING COLLOQUY P.O. BOX 578, BOISE, ID 83701 1 With that, we'll move forward and call 2 our first witness, and the first witness this 3 evening will be State Representative Chuck Cuddy. 4 5 CHARLES D. CUDDY, 6 appearing as a public witness, being first duly 7 sworn, was examined and testified as follows: 8 9 EXAMINATION 10 11 BY MR. HOWELL: 12 Q. Good evening, sir. Will you state 13 your name and spell your last for the record? 14 A. My name is Charles D. Cuddy, 15 C-U-D-D-Y. 16 Q. And, Representative Cuddy, would you 17 give us a business address? 18 A. Post Office Box 64, Orofino, Idaho -- 19 O-R-O-F-I-N-O -- 83544. 20 Q. And do you hold a position in the 21 State Legislature? 22 A. I am a State Representative for 23 District 7, Idaho, which covers a majority of the 24 amount of the Camas Prairie RailNet proposed 25 abandonment. 69 HEDRICK COURT REPORTING CUDDY P.O. BOX 578, BOISE, ID 83701 Public 1 Q. And if you have a statement, we'd be 2 happy to hear it. 3 A. Thank you. 4 Q. Thank you. 5 THE WITNESS: Well, Chairman 6 Kjellander and Commissioner Hansen, Commissioner 7 Smith, it's nice to have the opportunity to come 8 before you. I guess my feelings are that I think 9 there's one other agency involved in this that 10 should have allowed us the same courtesy. Thank 11 you. 12 I've had a very brief period of time, 13 as you're probably all aware, to go over the 14 information forwarded from the National 15 Transportation Board -- in fact, I think I received 16 it in the mail last week -- and that gives me a very 17 limited amount of time without staff to research it. 18 I was a little bit surprised at the time of filing 19 when it came over a three-day weekend, which also 20 reduced the amount of time, in my estimation, people 21 2000 miles away had the opportunity to respond. 22 In -- my written testimony has the 23 same introduction in it, so I'll refrain from that. 24 But this route, if abandoned, will 25 leave these communities no alternative but highway 70 HEDRICK COURT REPORTING CUDDY P.O. BOX 578, BOISE, ID 83701 Public 1 transportation for delivery of goods and receipt of 2 commodities that we all are aware represents an 3 increased cost in doing business. Only two short 4 years ago, the Camas Prairie community felt that the 5 purchase of this Railroad represented long-term, 6 stable rail transportation for our area. One tends 7 to wonder if such short-term operation between 8 purchase and Petitioned abandonment was what 9 prompted this sudden proposal to abandon. 10 An interested individual, I cannot say 11 that I have observed any concerted effort to improve 12 or expand the service in lieu of shutdown. Review 13 of the few available documents leads me to believe 14 that the cost analysis presented by the Railroad 15 Company does not correctly represent fuel 16 consumption comparison between Railroad and highway 17 transportation. 18 It's vague to me how the composition 19 of a profitable Railroad operation is derived. It 20 seems to me that it certainly would not have been 21 out of order to have had access to a financial 22 analysis prepared by a qualified Idaho firm. 23 The environmental assessment was 24 prepared by a firm that states they are not 25 qualified to examine the Railroad property for 71 HEDRICK COURT REPORTING CUDDY P.O. BOX 578, BOISE, ID 83701 Public 1 possible hazardous waste deposits. It therefore 2 seems to me that, without question, in the event 3 abandonment is approved, that the Camas Prairie 4 should post substantial financial security with 5 Idaho DEQ that the cleanup will be both adequate and 6 take care of the hazardous material deposits that 7 possibly exist. 8 In the event of track or facility 9 removal, I do not find any mitigative proposal to 10 prevent air and water pollution, nor do I see a 11 guarantee that all wood structures will be removed 12 to ensure that future mitigative needs will not be 13 necessary. These important environmental issues may 14 need to be adequately addressed. 15 I simply cannot -- I simply am not 16 satisfied with produced documents that do not 17 adequately provide detailed financial justification 18 and tends to ignore environmental impacts that 19 scantily address economic impact to the affected 20 communities. 21 I could continue with my comments and 22 concerns, but at this point, I believe these local 23 abandonment procedures should be the responsibility 24 of the Idaho Public Utilities Commission that has a 25 far clearer grasp of the impact that remains at 72 HEDRICK COURT REPORTING CUDDY P.O. BOX 578, BOISE, ID 83701 Public 1 quandary. It should not be under the authority of a 2 bureaucratic entity that will neither extend the 3 courtesy or the concerns to view the affected area 4 and respectfully accommodate public testimony, or 5 leave many important issues affecting Idaho and its 6 citizens inadequately addressed. 7 Thank you, Mr. Chairman and 8 Commissioners. 9 COMMISSIONER KJELLANDER: Thank you, 10 Representative Cuddy. If you could stay seated, 11 we'll subject you to cross-examination. Let's begin 12 with Mr. Heffner. 13 MR. HEFFNER: Mr. Cuddy, I want to 14 thank you -- or, Representative Cuddy -- for 15 appearing, and sorry to disappoint you, I have no 16 questions to ask you. Thank you anyway. 17 THE WITNESS: Thank you. I'm not 18 disappointed. 19 COMMISSIONER KJELLANDER: Mr. Howell. 20 MR. HOWELL: No questions. 21 THE WITNESS: Thank you. 22 COMMISSIONER KJELLANDER: Oh, one 23 more. And Mr. Millward. 24 25 73 HEDRICK COURT REPORTING CUDDY P.O. BOX 578, BOISE, ID 83701 Public 1 CROSS-EXAMINATION 2 3 BY MR. MILLWARD: 4 Q. Representative Cuddy, how are you 5 doing today? 6 A. Good. 7 Q. Good seeing you again. 8 What city did you state you lived in? 9 A. Orofino, Idaho. 10 Q. Orofino. You say that you received 11 the information from the Surface Transportation 12 Board, the Application from Camas Prairie. Is that 13 what you received? 14 A. Yes. 15 Q. I'm going to read a sentence, part of 16 a paragraph out of page 6 of that Application, 17 states The area adjacent to this line segment is 18 rural and sparsely settled, with a total population 19 around 7,000 people, with little likelihood of 20 producing significant new or additional business for 21 the Camas Prairie Railroad to make the line 22 profitable. 23 The three counties that lie in this 24 segment -- Nez Perce, Idaho, and Lewis -- do you 25 believe that there are more than 7,000 people that 74 HEDRICK COURT REPORTING CUDDY (X) P.O. BOX 578, BOISE, ID 83701 Public 1 live in those three counties? 2 A. Mr. Chairman, Mr. Millward, if my 3 recollection is correct, I believe Idaho County 4 alone, the recent projected statistics for 2000 was 5 around 15,000 population in Idaho County; I believe 6 that Lewis County is approximately 3,800; I believe 7 that at Clearwater County is approximately 12,000 -- 8 10- to 12,000, I'll correct -- 10,000; and of course 9 Nez Perce County is much larger. And it would 10 depend greatly on how you drew the area to get to 11 7,000 people. I know that Grangeville in my recent 12 research has approximately 3,200 people in the town 13 of Grangeville alone. 14 Q. So would you agree this line services 15 more than 7,000 people that the Applicant is saying 16 that it has an adverse effect on? 17 A. Mr. Chairman, Mr. Millward, I would 18 have to say that it would depend on how the Railroad 19 Company drew their area. Upon review of that, I 20 think if you saw what they had considered the 21 service area -- which I would consider to go as far 22 as Riggins at least and Elk City at least, so 23 basically you have all of Idaho County in that which 24 is 15,000 people -- but I would say that a review of 25 their service area might be in order from what 75 HEDRICK COURT REPORTING CUDDY (X) P.O. BOX 578, BOISE, ID 83701 Public 1 you're telling me. 2 Q. Mister -- Representative Cuddy, in 3 their Order, they're going from a 1990 census of 4 nine cities alone, not counting any outstanding area 5 or rural area of the county; and there -- in their 6 Application, in the Applicant's Application, they're 7 stating that this rail line only services those 8 cities and small towns and communities. 9 My question is -- to you is do you 10 believe that this branch line services more than 11 just those communities and cities, and probably 12 parts of counties; farmers, fertilizer distributors 13 that don't live in these cities? 14 A. Mr. Chairman, Mr. Millward, I have a 15 written copy of my testimony, and in that, in the 16 heading, I list the number of communities just in 17 District 7 that provide service by this Railroad. 18 Some might be directly adjacent, some nonadjacent. 19 That list begins with Cottonwood, Craigmont, 20 Culdesac, Ferdinand, Lapwai, Reubens, Sweetwater, 21 directly served just in District 7. 22 Also, it serves Elk City and 23 Nez Perce, Idaho, which are also in District 7. 24 It also would serve Grangeville, 25 Riggins, White Bird, and a number of other 76 HEDRICK COURT REPORTING CUDDY (X) P.O. BOX 578, BOISE, ID 83701 Public 1 surrounding communities that are not in Legislative 2 District 7. 3 So, I would say that that's a pretty 4 fair count of the communities it directly serves, 5 not to mention the fact that it goes into Lewiston. 6 So there is a service to Lewiston, Idaho, included 7 in that, should be included in that. 8 Q. So in the Applicant's Application, 9 there are more people being affected by this 10 abandonment Application than they've so claimed. Is 11 that correct? 12 A. Well, I would think so, and I would 13 think you would have to go to the City of Lewiston 14 to find out how many people in that town are 15 actually affected, and if -- in fact, some of my 16 problem with this is that we have a serviceable port 17 in Lewiston, Idaho. Once that grain is loaded on a 18 truck or some other vehicle, you're either going to 19 stop in Lewiston, is it going to go to Clarkston, is 20 it going to go to Kennewick or Pasco. That question 21 also remains unanswered. 22 Q. Okay. Thank you. I have no other 23 questions for you. 24 COMMISSIONER KJELLANDER: Are there 25 questions from the Commission? 77 HEDRICK COURT REPORTING CUDDY (X) P.O. BOX 578, BOISE, ID 83701 Public 1 Representative Cuddy, thank you. 2 THE WITNESS: Thank you, Mr. Chairman. 3 And one thing additional: Senator Danielson asked 4 me to tell you that she couldn't be here, she has to 5 be in Boise, but she's pretty much said, Anything 6 Chuck Cuddy says, I agree with. 7 COMMISSIONER SMITH: Is there a time 8 limit on that? 9 THE WITNESS: In this particular case. 10 COMMISSIONER KJELLANDER: Thank you. 11 Thank you very much. 12 (The witness left the stand.) 13 COMMISSIONER KJELLANDER: We'll call 14 our next witness: Mr. Vern Driver. If you would 15 please come forward and be sworn in. 16 17 VERN DRIVER, 18 appearing as a public witness, being first duly 19 sworn, was examined and testified as follows: 20 21 EXAMINATION 22 23 BY MR. HOWELL: 24 Q. Good evening, sir. Could you state 25 your name and spell your last for the record? 78 HEDRICK COURT REPORTING DRIVER P.O. BOX 578, BOISE, ID 83701 Public 1 A. My full name is Vernon L. Driver, 2 D-R-I-V-E-R. 3 Q. And could you give us a residential or 4 mailing address? 5 A. 2989 Rudo Road, Orofino, Idaho. 6 Q. And do you represent any entity or 7 organization? 8 A. I am here on the behalf of Senator 9 McLaughlin. 10 Q. And please give us your statement. 11 THE WITNESS: I would like to, 12 Mr. Chairman, Commissioners, read a letter from 13 Senator McLaughlin concerning this issue. The 14 letter is dated June 15, 2000. It's to the Idaho 15 Public Utilities Commission, 607 North Eighth 16 Street, Boise, Idaho, 83702. 17 Dear Commissioners, with this letter, 18 I wish to convey my opposition to the closure of the 19 spur railroad line between Spalding and Grangeville, 20 Idaho. The economy of Central Idaho is at an 21 all-time low and the closures of the line between 22 Spalding and Grangeville, Idaho -- I'm sorry. The 23 economy of Central Idaho is at an all-time low and 24 the closure of the Railroad line would just add one 25 more nail in the coffin for the resources-based 79 HEDRICK COURT REPORTING DRIVER P.O. BOX 578, BOISE, ID 83701 Public 1 businesses that depend on the line to deliver their 2 product. 3 If this request from RailNet to close 4 the spur line is granted, additional freight costs 5 will prevail with no competitive sources, and 6 additional trucks will be used to deliver the 7 products. I sincerely believe that consideration 8 should be given to the impact additional trucks 9 hauling will add to the already inadequate highways 10 we have in this area. 11 Something needs to be done to 12 improve -- impress on the Federal Surface 13 Transportation Board that the large Railroad 14 Companies sell off the lesser-profitable spur lines, 15 making it easier for those smaller lines to close. 16 Clamps need to be put on up front, and I hope that 17 the Idaho Public Utilities Commission will rely on 18 this concern to the Board -- relay this concern to 19 the Board. 20 Rural areas need to have the ability 21 to thrive economically. Isn't that why the 22 Railroads were granted such large land holdings 23 originally: To contribute to the development and 24 economic growth of the rural areas? 25 Thank you for your consideration on 80 HEDRICK COURT REPORTING DRIVER P.O. BOX 578, BOISE, ID 83701 Public 1 this issue. 2 Sincerely, Marguerite McLaughlin, 3 Idaho Senator, District 7. 4 COMMISSIONER KJELLANDER: And does 5 that complete your statement? 6 THE WITNESS: That completes my 7 statement. 8 COMMISSIONER KJELLANDER: Thank you, 9 Mr. Driver. Let's subject you now to 10 cross-examination. 11 Mr. Heffner. 12 MR. HEFFNER: No questions. 13 COMMISSIONER KJELLANDER: Mr. Howell. 14 MR. HOWELL: No questions. 15 COMMISSIONER KJELLANDER: Mr. Millward. 16 MR. MILLWARD: No questions. 17 COMMISSIONER KJELLANDER: Commissioners. 18 COMMISSIONER HANSEN: No, sir. 19 COMMISSIONER KJELLANDER: Thank you 20 very much. 21 THE WITNESS: Thank you. 22 (The witness left the stand.) 23 COMMISSIONER KJELLANDER: Let's call 24 Mr. Bruce Walker. 25 81 HEDRICK COURT REPORTING DRIVER P.O. BOX 578, BOISE, ID 83701 Public 1 BRUCE H. WALKER, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Could you state your name and spell 9 your last for the record, please? 10 A. My name is Bruce H. Walker, 11 W-A-L-K-E-R. 12 Q. And, Mr. Walker, do you have an 13 address for us, please? 14 A. Yes. It would be -- I'm representing 15 the City of Grangeville. The address would be 225 16 West North Street, Grangeville, Idaho. 17 Q. And do you have a statement? 18 A. Yes, I do. I'd like to read the 19 statement. 20 THE WITNESS: The Grangeville, Idaho, 21 City Council would like to go on record as opposing 22 the abandonment of the Camas Prairie RailNet between 23 Spalding and Grangeville. 24 The city of Grangeville is the end of 25 the rail system and will be affected by the loss of 82 HEDRICK COURT REPORTING WALKER P.O. BOX 578, BOISE, ID 83701 Public 1 the alternate source of transporting major products 2 in and out of Grangeville. The price of 3 transportation of these products will be higher than 4 they are now because of less competition and the 5 fact that trucking, being the only other source of 6 transportation, it will cost more. 7 One of the major grain storage 8 businesses located in Grangeville -- the Union 9 Warehouse -- will be less competitive because of 10 fewer options they will have for shipping. This 11 could result in less business and less employment. 12 Bennett Lumber, a local timber 13 shipper, will be affected in the same way with more 14 cost due to shipping, and could also have the same 15 effects on business and employment. 16 The Railroad owns property in the city 17 of Grangeville. The tax base will be affected in 18 some way because of abandonment. 19 The main grain elevator and storage 20 unit -- Union Warehouse -- is accessed by city 21 streets that would have to be used by trucks for 22 transporting grain from the warehouse. These city 23 streets are not designed for the kind of regular 24 heavy traffic that trucks will impose if abandonment 25 occurs. 83 HEDRICK COURT REPORTING WALKER P.O. BOX 578, BOISE, ID 83701 Public 1 One of the major trucking businesses 2 in Grangeville -- Baker Truck Service -- is located 3 far inside the city limits. They would more than 4 likely be one of the major haulers of grain if the 5 rail is abandoned. This would mean more trucks, 6 along with any other independent local truckers 7 using city streets that are not designed for this 8 kind of use. 9 The above-mentioned use of city 10 streets impacts the City of Grangeville's street 11 maintenance budget, costing everyone more money 12 because of rail abandonment. 13 Grangeville has struggled economically 14 for the past several years because of conditions out 15 of our control. We have lost over 250 jobs in our 16 local mill because of timber cuts on the National 17 Forest, not to mention other timber-related jobs. 18 Farming has become much more efficient, resulting in 19 fewer people being employed on the farms and farms 20 getting larger. Our remote location makes it 21 extremely difficult to attract new business. 22 Some of the advantages we do have are 23 biproducts of timber and agriculture. However, 24 these products result in high shipping costs. Our 25 ability to be competitive and attract new industry 84 HEDRICK COURT REPORTING WALKER P.O. BOX 578, BOISE, ID 83701 Public 1 to Grangeville will be reduced substantially by rail 2 abandonment. Grain will still be produced on the 3 Camas Prairie and must be hauled to Lewiston, via 4 US Highway 95. This extra amount of truck traffic 5 will have a maintenance impact on the highway system 6 far beyond what it is now and will cost the 7 taxpayers more money because of rail abandonment. 8 US Highway 95 is the main route 9 between North and South Idaho. Lewiston is the 10 closest major city to Grangeville for business, 11 medical services, et cetera. This highway is the 12 route to the University of Idaho and LCSC for 13 student travel. The increase of truck traffic in 14 the thousands of trips per year will increase the 15 risk of near fatal and fatal accidents on this 16 highway because of abandonment. 17 With all these things considered -- 18 the economic impact, the added cost and maintenance 19 on the highway and local road systems, and the 20 safety factor -- abandonment is not warranted at 21 this time. The Railroad has not proven that a 22 few -- that in a few short years of ownership and 23 claiming of loss of income they should be allowed to 24 abandon. We feel that even though the Rail claims 25 they have lost money over the past few years, they 85 HEDRICK COURT REPORTING WALKER P.O. BOX 578, BOISE, ID 83701 Public 1 can break even or even make a profit through more 2 promotion and the use of the rail and more efficient 3 management. We feel the owners did know the income 4 being generated from this rail system when they 5 purchased it, and that they have done very little to 6 increase that potential in the short time of 7 ownership. 8 We feel that the economic impact this 9 would have on our city, and especially increased 10 danger to our citizens traveling Highway 95, far 11 outweigh the loss of income that the rail system 12 claims. We feel that it -- that if we are able to 13 produce more jobs because of rail shipments in and 14 out of Grangeville, the system should stay in place. 15 We also feel that no price can be placed on the 16 lives that would be at risk from unwanted and 17 increased dangers to our citizens from increased 18 traffic due to abandonment. 19 For all these reasons, which are fact, 20 I, Bruce H. Walker, president of the Grangeville 21 City Council, and representing the unanimous 22 decision of the City Council, oppose abandonment of 23 the Camas Prairie RailNet system between Spalding 24 and Grangeville. 25 That's my statement. 86 HEDRICK COURT REPORTING WALKER P.O. BOX 578, BOISE, ID 83701 Public 1 COMMISSIONER KJELLANDER: Thank you. 2 And see if we have any cross-examination questions 3 from Mr. Heffner. 4 5 CROSS-EXAMINATION 6 7 BY MR. HEFFNER: 8 Q. Mr. Walker, I just have one very short 9 question: 10 Do you have any idea how much the 11 additional highway expense would run per year? 12 A. No, but I'm sure that someone from the 13 Idaho Transportation Department could answer that 14 question. 15 Q. Thank you, sir. 16 COMMISSIONER KJELLANDER: Mr. Howell. 17 MR. HOWELL: No questions. 18 COMMISSIONER KJELLANDER: 19 Mr. Millward. 20 MR. MILLWARD: No questions. 21 COMMISSIONER KJELLANDER: Commission? 22 Thank you very much. 23 THE WITNESS: Thank you. 24 (The witness left the stand.) 25 COMMISSIONER KJELLANDER: George 87 HEDRICK COURT REPORTING WALKER (X) P.O. BOX 578, BOISE, ID 83701 Public 1 Patton? 2 Ah, we have a winner. Mr. Patton, if 3 you could come forward? 4 5 GEORGE PATTON, 6 appearing as a public witness, being first duly 7 sworn, was examined and testified as follows: 8 9 MR. HOWELL: Good evening, sir. 10 THE WITNESS: Well, Commissioners, I 11 apologize. I -- apparently I've been out of town 12 for quite a while; just got back. I don't have a 13 prepared statement, but I've lived here for 65 14 years, been a producer of commodities, and the 15 Railroad, I had -- would have to -- I'm opposed to 16 abandoning the Railroad. 17 I'd have to agree with Senator 18 McLaughlin's statement that the rail lines received 19 this property through government reimbursement as 20 the lines first went in. It would be very 21 detrimental to the ag community that's already 22 suffering, and also, it also adds risk to our 23 highways, and the highways are -- have a struggle to 24 keep up with the transportation already. 25 I've been down to Phoenix about three 88 HEDRICK COURT REPORTING PATTON P.O. BOX 578, BOISE, ID 83701 Public 1 times this spring, and the truck traffic is bumper 2 to bumper, and you see all kind of very near misses 3 with that much truck traffic. And you don't have to 4 be a Harvard graduate to realize that if you abandon 5 the Railroad lines, we'd see an increase in truck 6 driving. When you see an increase in truck driving, 7 you see a frustration, and that ten percent or so 8 that -- whether it's cars or trucks that pass on -- 9 on inadequate lanes, and more frequency to 10 accidents. 11 And so I leave you with I don't think 12 the idea of the Railroad was to make money on 13 abandonment and recycling. I think it would serve 14 the community much better with production for a -- 15 helping the farm communities, because we're under 16 such stress right now. 17 And I leave you with a thought of 18 really examining what's going on, and if you have 19 just one more abandonment of a small community or 20 small communities, and if that's what the USA is all 21 about, well then give us a little tax relief. 22 Thank you. 23 COMMISSIONER KJELLANDER: If we could 24 have you hold on for just a moment, we do need to 25 get your name for the record. Mr. Howell is usually 89 HEDRICK COURT REPORTING PATTON P.O. BOX 578, BOISE, ID 83701 Public 1 a little quicker. 2 3 EXAMINATION 4 5 BY MR. HOWELL: 6 Q. You beat me to the punch. 7 A. Oh. 8 Q. Could you state your name and spell 9 your last name for the record? 10 A. George Patton, P-A-T-T-O-N. 11 Q. And, Mr. Patton, can you give us an 12 address? 13 A. Route 1, Box 2, Craigmont, Idaho. 14 Q. All right. 15 COMMISSIONER KJELLANDER: Okay. Thank 16 you. 17 Are there questions for Mr. Patton, 18 Mr. Heffner? 19 MR. HEFFNER: No, sir. 20 COMMISSIONER KJELLANDER: Mr. Howell. 21 22 CROSS-EXAMINATION 23 24 BY MR. HOWELL: 25 Q. Mr. Patton, how many acres do you 90 HEDRICK COURT REPORTING PATTON (X) P.O. BOX 578, BOISE, ID 83701 Public 1 farm? 2 A. Well I just retired this last year, 3 but I was farming around 2,500 acres. 4 Q. And what did you grow? 5 A. Wheat, peas, barley, lentils, canola, 6 Kentucky bluegrass. 7 Q. And did you ship any of those grains 8 on the Railroad? 9 A. Yes, I did. Barley market is really 10 dependable on the Railroad because we raise malting 11 barley and that's really important; and as a big 12 year rolls around like this year, it looks like 13 we're going to have a tremendous yield hopefully, 14 why then the rail becomes that much more important 15 to have it to get the commodity so that you can 16 continue to harvest. I mean, it's really essential, 17 because you've got to have everything -- all your 18 ducks in order to get -- get the crop off the field. 19 Q. Isn't it true that malt barley is 20 exclusive dependent -- exclusively dependent on rail 21 shipments because the barley shop will only accept 22 rail car shipments? 23 A. That's right, because of 24 contamination. It's real important. So you need to 25 keep it isolated and so it's really important. 91 HEDRICK COURT REPORTING PATTON (X) P.O. BOX 578, BOISE, ID 83701 Public 1 And the amount of -- you know, we are 2 in an environment where we have, you know -- where 3 we're trying to work with environmentalists, and as 4 we increase truck traffic, we increase smog and so 5 we -- I mean, as we abandon one thing, we increase 6 something that we're working to cut down on, so it 7 all -- we have a lot of tools out there and they're 8 going to throw their tools away, then we're -- 9 really, our backs are against the wall. 10 Q. Thank you. I have no further 11 questions. 12 COMMISSIONER KJELLANDER: Mr. Millward. 13 MR. MILLWARD: No questions. Thank 14 you. 15 COMMISSIONER KJELLANDER: Questions 16 from the Commission? Commissioner Hansen. 17 18 EXAMINATION 19 20 BY COMMISSIONER HANSEN: 21 Q. Sir, my question is you stated you had 22 several different products that you raised? 23 A. Right. 24 Q. And you mentioned the barley you ship 25 by rail. Do you ship all of your produce by rail or 92 HEDRICK COURT REPORTING PATTON (Com) P.O. BOX 578, BOISE, ID 83701 Public 1 do you currently -- have you shipped -- used the 2 trucks to ship some of your goods? 3 A. I have used trucks on some, but the 4 peas, lentils, barley, and then especially all the 5 wheat that goes in the elevators, you know, in town, 6 that all goes by rail. I have some farm storage and 7 that. Sometimes, if we get a good deal from a 8 Railroad and the warehouses, we can ship by rail; 9 otherwise, sometimes it goes by truck. 10 Q. So are you saying that in some cases 11 it's more economical for you to ship by truck than 12 rail right now? 13 A. Well, it's just a means of getting it 14 out. But I don't think it's any more economical. I 15 mean, you have a truck and you have storage, and you 16 have to put it through an elevator. If it's in the 17 elevator already, no, but because the elevator 18 capacity and because of a truck that's sitting 19 around, you do -- it's just a means of getting it to 20 a market. But our markets that take in the barley 21 and the peas and the lentils and most of the wheat 22 is done by rail with a little bit going by truck, 23 and the little bit that I ship by truck, they 24 wouldn't even notice me on the highway. 25 Q. Thank you. 93 HEDRICK COURT REPORTING PATTON (Com) P.O. BOX 578, BOISE, ID 83701 Public 1 COMMISSIONER KJELLANDER: And there 2 are no further questions, so we appreciate your 3 testimony. 4 THE WITNESS: Thank you. 5 COMMISSIONER KJELLANDER: Thank you. 6 (The witness left the stand.) 7 COMMISSIONER KJELLANDER: Call 8 Matt Miller. 9 10 MATTHEW MILLER, 11 appearing as a public witness, being first duly 12 sworn, was examined and testified as follows: 13 14 EXAMINATION 15 16 BY MR. HOWELL: 17 Q. Would you state your name and spell 18 your last for the record, please? 19 A. Matthew Miller, M-I-L-L-E-R. 20 Q. And, Mr. Miller, do you have an 21 address for us, please? 22 A. Yes. I'm representing Congressman 23 Helen Chenoweth-Hage today, 1727 Longworth House 24 Office Building, Washington, D.C., 20515. 25 Q. And would you please give us the 94 HEDRICK COURT REPORTING MILLER P.O. BOX 578, BOISE, ID 83701 Public 1 Congressman's statement? 2 A. Thank you. 3 THE WITNESS: Mr. Chairman, I ask that 4 this written statement be allowed to be submitted 5 into the record. 6 COMMISSIONER KJELLANDER: (Indicating.) 7 THE WITNESS: Thank you. 8 I thank the Idaho Public Utilities 9 Commission for holding this hearing today to review 10 the proposed abandonment of Camas Prairie RailNet 11 line from Spalding to Grangeville, Idaho. I 12 appreciate the Commission for allowing me the 13 opportunity to submit written testimony on this 14 very, very important issue. 15 Today, the people of Idaho are faced 16 with a very difficult situation as CSPR attempts to 17 abandon the rail line. After reviewing reports and 18 visiting with members of Idaho's agricultural and 19 lumber industries, local government officials, and 20 concerned citizens, it is quite clear that 21 abandoning the rail line would constitute a major 22 step backward for Idaho's local economy. The 23 negative impacts of the abandonment would be 24 especially apparent in Idaho, Lewis, and Nez Perce 25 counties, whose livelihoods are mainly dependent 95 HEDRICK COURT REPORTING MILLER P.O. BOX 578, BOISE, ID 83701 Public 1 upon agricultural and resource industries. 2 More specifically, granting CSPR the 3 authority to abandon the only rail line between 4 Spalding and Grangeville could potentially, one, 5 increase unemployment in the state, especially for 6 those individuals living in Idaho County where the 7 unemployment rate climbed to nearly 10.8 percent in 8 1999, the fifth highest in the state; 9 Two, discourage companies from 10 investing in the area; 11 Three, eliminate what is now one of 12 the cheapest forms of transportation for many 13 agriculture producers and shippers -- timber 14 shippers; 15 And, four, increase traffic congestion 16 on our roads, since many individuals will become 17 wholly reliant on truck transportation. 18 According to members of Idaho's grain 19 industry, abandonment of the rail line could 20 increase costs for many barley and wheat producers 21 in Northern Idaho, especially. In fact, press 22 reports indicate Idaho growers may have to spend 23 three cents to five cents more per bushel to 24 transport their commodities by truck in Idaho. This 25 is significant, since the wheat production was 96 HEDRICK COURT REPORTING MILLER P.O. BOX 578, BOISE, ID 83701 Public 1 approximately 13.6 million bushels, and the barley 2 production amounted to nearly 2.4 million in Idaho, 3 Lewis, and Nez Perce counties during 1999. 4 To complicate matters even further, 5 Shearer Lumber of Grangeville, Idaho, has informed 6 me that it could incur additional costs of up to 7 $100,000 if it loses access to the CSPR line. 8 Although CSPR asserts it does not 9 generate sufficient revenue to warrant its 10 retention, it is my belief that maintaining the rail 11 line has the potential to support an expanding 12 market and bring prosperity to the area and the 13 operators of the line. In fact, reports indicate 14 rail traffic between Spalding and Grangeville has 15 increased since CSPR acquired the line from 16 Burlington Northern, Sante Fe, and Union Pacific in 17 April 1998. According to the Idaho Transportation 18 Department, the number of carloads on the CSPR line 19 increased by approximately 530 between 1997 and 20 1999, and projections show that the CSPR carloads 21 may increase 3,200 in the next year. 22 Given these circumstances, the Idaho 23 Congressional delegation sent a letter to the 24 Surface Transportation Board in April 2000 to 25 request that it hold an oral hearing in the state of 97 HEDRICK COURT REPORTING MILLER P.O. BOX 578, BOISE, ID 83701 Public 1 Idaho should CSPR file an Application to abandon the 2 line. Although STB indicates that it will not hold 3 a hearing in the state of Idaho, you have my word 4 that I will continue to pressure STB to carefully 5 monitor and review this situation. 6 I am working with Representative 7 Bud Shuster, Chairman of the House Transportation 8 and Infrastructure Committee, as well as 9 Representative Thomas Petri, Chairman of the House 10 Transportation and Infrastructure Subcommittee on 11 Ground Transportation, to ensure that STB works with 12 Idaho's concerned citizens, the agricultural and 13 resource communities, and CSPR to develop 14 mutually-beneficial solutions for all parties 15 involved. 16 Thank you very much. 17 COMMISSIONER KJELLANDER: Are there 18 questions for Mr. Miller, Mr. Millward? 19 MR. MILLWARD: No. 20 COMMISSIONER KJELLANDER: Mr. Howell. 21 MR. HOWELL: No. 22 MR. HEFFNER: No, thank you. 23 COMMISSIONER KJELLANDER: And the -- 24 none from the Commission. 25 Thank you. 98 HEDRICK COURT REPORTING MILLER P.O. BOX 578, BOISE, ID 83701 Public 1 THE WITNESS: Thank you. 2 (The witness left the stand.) 3 Jessica Wade. 4 MS. JESSICA WADE: Commissioner, 5 everything that I would want to say has already been 6 said, and I pass. 7 COMMISSIONER KJELLANDER: Thank you 8 very much. 9 Also, if other people feel the same as 10 Jessica Wade and don't feel like they want to 11 testify after they signed up, there is an 12 opportunity at the back of the room where Ron Law is 13 currently standing -- Ron, if you could just 14 waive -- we have some sheets back there if you'd 15 like to put a written testimony together, and that 16 will also be included as the official record. 17 Call Representative Twila Hornbeck. 18 19 20 21 22 23 24 25 99 HEDRICK COURT REPORTING MILLER P.O. BOX 578, BOISE, ID 83701 Public 1 TWILA HORNBECK, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Good evening. Could you state your 9 name and spell your last for the record, please? 10 A. My name is Representative Twila 11 Hornbeck, H-O-R-N-B-E-C-K. 12 Q. And, Representative, do you represent 13 which Legislative District? 14 A. I represent Legislative District 8. 15 Q. And eight encompasses portions of the 16 line currently under consideration? 17 A. Yes, Idaho County, a portion. 18 Q. Please give us your statement. 19 A. Thank you. 20 THE WITNESS: Commissioners of the 21 Idaho PUC, I am here tonight to ask that you deny 22 the Petition of the Camas Prairie Railroad to 23 disband operations from Spalding, Idaho, to 24 Grangeville, Idaho. My constituents are also here 25 today to make the case of the economic dependency of 100 HEDRICK COURT REPORTING HORNBECK P.O. BOX 578, BOISE, ID 83701 Public 1 the Camas Prairie on the rail transportation. 2 We are a rural area, and that is now 3 extremely economically depressed. This has happened 4 over time for diverse reasons. There have been 5 years of slowdowns, and major roadblocks in timber 6 harvesting. This has been largely because of the 7 many environmental plans imposed on the Pacific 8 Northwest. We have major problems in the field of 9 agriculture. We are a resource-based economy. We 10 have lost that base to a great extent. Now we are 11 told to live on tourist-based economy. We cannot 12 survive, raise families, and live anywhere near the 13 life style that we were accustomed to on minimum 14 wage jobs. 15 I think this letter to the editor by a 16 senior at the Grangeville High School sums up pretty 17 well what the outlook for this area's people is: 18 After reading the May 9th article on 19 the roadless plan, I started adding up the stories 20 in your paper that deal with negative impacts on 21 local economies and find it pretty scary. The 22 roadless issue, dam breaching, Railroad abandonment, 23 low farm prices all seem to be combining to bring 24 down the structure of this area at the same time. 25 I'm wondering what is going to be left 101 HEDRICK COURT REPORTING HORNBECK P.O. BOX 578, BOISE, ID 83701 Public 1 in North Idaho to keep young people here. 2 E-commerce? You can't even get a decent transfer 3 rate with the outdated phone lines. I can only hope 4 that sometime soon the planks will stop being pulled 5 out from under us and the shoring up will begin. I 6 am a senior at Grangeville and still hopeful. 7 Joe Fowler. 8 We need rail transportation to help us 9 lure new industry here to replace the lost resources 10 of employment. 11 Thank you for coming to Craigmont to 12 hold this hearing. We are grateful and appreciative 13 of any help to retain this link to the world that 14 you can insert in your recommendations. 15 Thank you. 16 COMMISSIONER KJELLANDER: Are there 17 questions of Representative Hornbeck? 18 MR. HEFFNER: No. 19 COMMISSIONER KJELLANDER: We do have a 20 question from Commissioner Smith, who won't let you 21 get away that quickly. 22 COMMISSIONER SMITH: Representative 23 Hornbeck, I just wish to express that it would be my 24 sincere desire that this Commission would have the 25 authority to make the decision whether or not this 102 HEDRICK COURT REPORTING HORNBECK P.O. BOX 578, BOISE, ID 83701 Public 1 line gets abandoned; but, unfortunately, although 2 this portion of line resides entirely within the 3 state, the Commission's jurisdiction of authority 4 over Railroads has systematically been stripped away 5 by Congress and the decision-making power in this 6 matter rests with the Surface Transportation Board 7 in Washington, D.C., who, as we know, will not even 8 come out and listen to you or your constituents. So 9 I wish that was our power, but it's not. 10 THE WITNESS: I know that, 11 Commissioner Smith, and I only hope that they will 12 listen to what we put into the record and your 13 recommendations, and the economic reality of our 14 area. 15 Thank you. 16 COMMISSIONER KJELLANDER: Thank you. 17 (The witness left the stand.) 18 COMMISSIONER KJELLANDER: Well I've 19 done fairly well with names this evening, but I'm 20 going to strike out here: Mary Hasenoehrl. 21 22 23 24 25 103 HEDRICK COURT REPORTING HORNBECK P.O. BOX 578, BOISE, ID 83701 Public 1 MARY HASENOEHRL, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. You probably know the drill: State 9 your name and spell your last for the record. 10 A. My name is Mary Hasenoehrl, 11 H-A-S-E-N-O-E-H-R-L. 12 Q. And do you have a business address? 13 A. I do. It's 111 Main Street, Lewiston, 14 Idaho, and I'm here representing US Senator 15 Mike Crapo. 16 THE WITNESS: I will be very brief, 17 because it is important that we hear from everyone 18 here. 19 US Senator Mike Crapo would like to 20 thank the Idaho Public Utilities Commission for 21 holding this hearing. It is important that IPUC 22 hear from everyone affected -- everyone affected if 23 the abandonment of Camas Prairie RailNet between 24 Grangeville and Spalding occurs. This is a very 25 important decision and will have a definite impact 104 HEDRICK COURT REPORTING HASENOEHRL P.O. BOX 578, BOISE, ID 83701 Public 1 on this region. 2 Again, Senator Mike Crapo wants to 3 thank everyone for taking time to discuss this very 4 important issue, and the IPUC for realizing the 5 importance of holding an oral hearing in our region. 6 Thank you. 7 COMMISSIONER KJELLANDER: Are there 8 questions? 9 If not, thank you very much. 10 Oh, we do have a question. 11 MR. HEFFNER: I merely want to thank 12 the Senator for appearing through you, speaking on 13 behalf of Camas Prairie RailNet, and as I said to 14 Representative -- I'm not sure if I'm pronouncing it 15 correctly -- Chainoweth (phonetic) -- 16 THE WITNESS: Chenoweth. 17 MR. HEFFNER: Close? Okay. 18 -- we would like to meet with you, 19 either my client, should we say in what in 20 Washington, D.C., they call the District, or in my 21 case in Washington, with the Senator or his Staff to 22 see if some accommodation -- if things can't be 23 worked out. 24 THE WITNESS: Thank you. I'll express 25 that to him. Thank you. 105 HEDRICK COURT REPORTING HASENOEHRL P.O. BOX 578, BOISE, ID 83701 Public 1 COMMISSIONER KJELLANDER: Thank you 2 for your testimony. 3 (The witness left the stand.) 4 COMMISSIONER KJELLANDER: We'll call 5 now Ron Frei. 6 7 RON FREI, 8 appearing as a public witness, being first duly 9 sworn, was examined and testified as follows: 10 11 EXAMINATION 12 13 BY MR. HOWELL: 14 Q. Good evening, sir. Could you please 15 state your name and spell your last name for the 16 record? 17 A. Ron C. Frei, F-R-E-I. 18 Q. And, Mr. Frei, where do you reside? 19 A. Route 1, Box 66, Grangeville. 20 Q. And do you have -- do you represent 21 any entity or organization? 22 A. I'm representing myself, as a 23 producer, and the Idaho County Farm Bureau. 24 Q. We'd be pleased to have your 25 statement. 106 HEDRICK COURT REPORTING FREI P.O. BOX 578, BOISE, ID 83701 Public 1 THE WITNESS: So as to not be -- 2 Chairman and Commission, so as to not be competitive 3 (sic), I will just touch on a few things that I 4 think some of the other producers didn't. 5 Our organization is very concerned 6 about the safety, of course, on the highway and the 7 fact that it is estimated it would take between 10- 8 and 12,000 additional trucks to make up for the rail 9 not being there. That would undoubtedly create a 10 rate increase to encourage that many trucks to even 11 think about coming in. When you put that many 12 trucks on an already beat up highway, it would be 13 pretty devastating. 14 Another thing, we are concerned about 15 the noxious weed problem that could very well result 16 from the abandoned rail bed. And a lot of the 17 materials used in the early construction had 18 hazardous materials in them. Who is liable for the 19 hazardous materials, for the noxious weeds, for the 20 bridges? 21 I am also a barley producer of brewery 22 barley, and if we lose the rail, of course it looks 23 like we would lose that cash market for us, as well 24 as lentils. 25 We sure hope there is some way that we 107 HEDRICK COURT REPORTING FREI P.O. BOX 578, BOISE, ID 83701 Public 1 can keep the railway there. 2 I thank you. 3 COMMISSIONER KJELLANDER: Thank you 4 for your statement. Are there any questions? 5 Commissioner? Commissioner Smith has 6 a question. 7 8 EXAMINATION 9 10 BY COMMISSIONER SMITH: 11 Q. Yes, I was curious if the Rail -- if 12 the Railroad Company had approached you or any 13 members of the Idaho County Farm Bureau before its 14 decision on abandonment to find out if you could 15 ship more or time your shipping better or somehow 16 increase their efficiency and cut their costs? 17 A. No one contacted us directly. I mean, 18 we were asked through some representatives that, 19 Would you be willing to chip in a little more in 20 freight costs, and we said, Yes, but -- 21 Q. Okay. Thank you. 22 COMMISSIONER KJELLANDER: Mr. Frei, I 23 think that completes our questions. I was hoping 24 though if you could just answer one question: Does 25 the Commission have a copy of your letter? 108 HEDRICK COURT REPORTING FREI (Com) P.O. BOX 578, BOISE, ID 83701 Public 1 THE WITNESS: Yeah. 2 COMMISSIONER KJELLANDER: We do? 3 THE WITNESS: I mean, I'll leave it 4 here. 5 COMMISSIONER KJELLANDER: Thank you. 6 That will be very fine. Thank you. 7 THE WITNESS: Thank you. 8 (The witness left the stand.) 9 COMMISSIONER KJELLANDER: If we could 10 call Senator Lin Whitworth. 11 12 LIN WHITWORTH, 13 appearing as a public witness, being first duly 14 sworn, was examined and testified as follows: 15 16 EXAMINATION 17 18 BY MR. HOWELL: 19 Q. Senator, could you state your name and 20 spell your last name for the record, please? 21 A. My name is Lin Whitworth, L-I-N -- get 22 that right -- W-H-I-T-W-O-R-T-H-, and I'm from 23 Inkom, Idaho, I-N-K-O-M. 24 Q. And, sir, what is your occupation or 25 former occupation? 109 HEDRICK COURT REPORTING WHITWORTH P.O. BOX 578, BOISE, ID 83701 Public 1 A. I was a conductor on the Railroad for 2 43 years. I'm now a State Senator in District 33 3 down in Southern Idaho. 4 Q. And do you have a statement, sir? 5 A. Yes, I do. 6 THE WITNESS: Some -- thank you. I 7 appreciate the Commission and the Staff in allowing 8 this hearing. It's a privilege to be here. 9 I want to say that I may sound at 10 times like I'm getting away from this, your 11 instructions on speaking to the subject, but I'm 12 really -- if it sounds that way, it will be very 13 brief and it's just to make a point to give some 14 broad description of why I believe that this rail 15 abandonment shouldn't happen. 16 I'd like to point out right in the 17 beginning that I can't speak for the State Senate or 18 the House, but I can say that they did pass Senate 19 Joint Memorial 110 that was brought -- introduced to 20 us by Senator McLaughlin, which does state the 21 position of the Idaho State Legislature is the same 22 as you've been hearing here tonight, that they do 23 want -- they do want a hearing, they do want this to 24 be taken into very serious consideration by the 25 Transportation Board, and they too appreciate the 110 HEDRICK COURT REPORTING WHITWORTH P.O. BOX 578, BOISE, ID 83701 Public 1 consideration that we've been given here. 2 Having worked in the transportation 3 system since I was about 17 years old -- for 50 4 years, practically -- I -- I've watched the changes 5 that have been made, and some of them are very 6 disappointing, and it's been very frustrating as a 7 railroader to watch the transportation system 8 deteriorate as it has in the state of Idaho. We've 9 had to stand by and watch while it was allowed to 10 deteriorate from a world-class example in the 1940s 11 to a system today that can't even move the produce 12 from our farms and to the markets during the 13 harvest; and also at one time a world leader in 14 moving passenger transportation, passengers on 15 trains, and it's deteriorated to almost nonexistent 16 in the state of Idaho for passenger service. In 17 Eastern Idaho, Southern Idaho, where we have the 18 population down there, we don't have a passenger 19 system. Now, I know that has nothing to do with 20 this rail line, but it's the same principle. It 21 needs to be talked about, it needs to be looked at 22 and considered. 23 I've watched over the last 30 years as 24 the Railroad has discontinued service and 25 abandonment and removed branch lines that served the 111 HEDRICK COURT REPORTING WHITWORTH P.O. BOX 578, BOISE, ID 83701 Public 1 very heart and soul of our agriculture, mining, and 2 timber industries. I worked on the branches that 3 come up to -- from Weiser to New Meadows and from 4 Nampa to McCall and all the branches in Eastern 5 Idaho, from Pocatello to Butte, Montana, and I've 6 watched the deterioration of the transportation 7 system there. They're not serving the people. 8 They're not serving the people like they was -- it 9 was assumed that they would when they were given the 10 rights-of-way, when they were helped by the 11 government and by tax dollars of our forefathers to 12 produce, to build, a rail system, and now they let 13 us down. They won't even move our produce to the 14 markets when we're in our harvest times. And this 15 is serious. We need to -- we need to be considered. 16 I watched on the branch lines as 17 family-owned elevators and shipping institutions and 18 co-ops were forced out of business when these 19 carriers were allowed to discontinue service such as 20 is being requested here and abandon the lines that 21 served the Idaho's rural communities. 22 It's past time. It's past time that 23 we stopped, we stop this deterioration of our 24 transportation system and turn around and head the 25 other direction. Let's start putting it back 112 HEDRICK COURT REPORTING WHITWORTH P.O. BOX 578, BOISE, ID 83701 Public 1 together. Let's start rebuilding the transportation 2 system so we can move everything and move it safe. 3 And as Representative Cuddy pointed 4 out so eloquently, that to force it -- to force it 5 off of the rails and onto the highways where the 6 taxpayer has to build the right-of-way and maintain 7 the highways, and it creates the hazard that we have 8 faced on Highway 95 -- down in my district I have 9 Highway 30 from McCammon to Inkom. At times there's 10 200 trucks an hour on a highway just like 95, only 11 we don't have any truck turnout. It's one of the 12 worst places in the nation for killing people. And 13 when you have a car or truck accident, it's 14 generally more deadly, it's more severe, and the 15 person in the automobile generally gets the worst of 16 the deal. 17 I worked locals and beet runs in my 18 younger days when I was instructed by trainmasters 19 to give poor service, to quit giving good service. 20 You could quarrel with them and they would insist. 21 I want to give you one instance, just to give an 22 example. It happened many, many times, but one 23 example was I was on the Burley-Declo -- I was on 24 the Burley switcher, and I'd go out there every 25 night, every single night, six nights a week, and 113 HEDRICK COURT REPORTING WHITWORTH P.O. BOX 578, BOISE, ID 83701 Public 1 switch out 12, 13 cars of grain from one shipper. 2 And they'd come into Burley, they'd go on the TFX to 3 the main line, and go to Ogden. And one night the 4 trainmaster come to me and says, You're only going 5 out there three days a week. 6 I said, You can't do that. He don't 7 have room. You can't do that. He don't have the 8 track space. 9 And he says, Well, he'll just have 10 to -- on the other three days a week, he'll just 11 have to haul it into Burley and by truck and load it 12 onto car in here. 13 Now, that's the attitude. It was only 14 nine miles for him, but it was the idea. 15 And I said, I don't know about that. 16 But anyway, I told the shipper what 17 the trainmaster told me. 18 He says, Well, you go back and tell 19 your trainmaster if I load that on a truck, it's 20 going to go over the hill to Ogden. I won't use his 21 railroad. 22 So that's the kind of things that have 23 created the situation where the Railroad can then 24 say, Well, we're not making no profit; but, however, 25 while they weren't making any profit, they was 114 HEDRICK COURT REPORTING WHITWORTH P.O. BOX 578, BOISE, ID 83701 Public 1 making million dollar bonuses to their CEOs with 2 stock options and all these things. Them continued, 3 but they weren't making any profit. 4 So the thing -- the point out there is 5 that whatever you hear from the Railroads and these 6 big businesses and these big conglomerates, you have 7 to examine it very closely. I mean, we've got to 8 really take a good look at it, because I know that 9 when I was working the TFX from Twin Falls to 10 Pocatello, a train that was not supposed to be 11 making any profit, I was taking a million dollars a 12 night in revenue off of that branch, every day. So 13 I wasn't too concerned about their profits, and 14 especially when they continued to make an increase 15 in profits each quarter. 16 And they done the same thing with 17 passenger service: They deliberately degraded it so 18 that people would quit using it so they could say, 19 Well, we're not -- now we really need passenger 20 service for the old, for mothers with children, some 21 people can't travel, some people can't fly. They do 22 need passenger -- we do need the passenger system. 23 And that's my testimony, Mr. Chairman 24 and Commissioners. I would -- I could go on all 25 night. All I've got to do is start talking sand 115 HEDRICK COURT REPORTING WHITWORTH P.O. BOX 578, BOISE, ID 83701 Public 1 house talk like they call it on the Railroad and we 2 could be here for a long time, but with that, I'll 3 quit. 4 COMMISSIONER KJELLANDER: Are there 5 questions of Senator Whitworth? 6 MR. MILLWARD: Mr. Chairman, I have 7 just one. 8 9 CROSS-EXAMINATION 10 11 BY MR. MILLWARD: 12 Q. Senator Whitworth, I haven't heard a 13 moving statement like that since the last time I 14 went to church when you spoke at a funeral, and I 15 want to thank you for thank. 16 A. Thank you, George. I hope this ain't 17 a funeral. 18 Q. I hope this ain't a funeral either. 19 Mister -- Senator Whitworth, you made 20 a comment that you'd been around the Railroad and 21 saw many other abandonments throughout the state of 22 Idaho. Is that correct? 23 A. Yeah. Yes, sir. 24 Q. And everyplace that there's been 25 abandonment have had very severe and adverse effect 116 HEDRICK COURT REPORTING WHITWORTH (X) P.O. BOX 578, BOISE, ID 83701 Public 1 on the community. Is that what you'd say? 2 A. Absolutely. Many, many places. I can 3 give you some examples, like the Ketchum branch used 4 to go up to Sun Valley, from Shoshone, Idaho, up to 5 Sun Valley, and then another branch off of it at 6 Richfield that went over to Hill City, and it was 7 sort of similar to this branch -- or, to this 8 Railroad here where there was a grain elevator every 9 ten miles, and they're all gone. And they was 10 family-owned businesses and co-ops in the small 11 communities out there. Those businesses all failed 12 and went and disappeared. And it has -- it does 13 have an adverse effect on these communities and 14 forces what traffic and what grain is raised there 15 now goes on the highway and it creates a hazard to 16 the people on the highway. It's -- 17 And rail is, as Cuddy pointed out, 18 save so much fossil fuel. We can move them on -- 19 move that grain on rail so much cheaper if we can 20 just get it to the main lines and get it on the 21 trains and get it headed to wherever the destination 22 is. 23 Q. So from your experience, you're saying 24 with this abandonment being granted, it will have an 25 adverse effect on the citizenship? 117 HEDRICK COURT REPORTING WHITWORTH (X) P.O. BOX 578, BOISE, ID 83701 Public 1 A. There's no question about that it 2 would have a terrible effect. 3 COMMISSIONER KJELLANDER: Other 4 further questions? 5 Senator, thank you. 6 THE WITNESS: Thank you. 7 (The witness left the stand.) 8 COMMISSIONER KJELLANDER: We'll call 9 Ralph Mathison. 10 MR. RALPH MATHISON: I didn't sign up 11 to give testimony tonight. 12 COMMISSIONER KJELLANDER: Okay. How 13 about Mary Ann Mathison? 14 MS. MARY ANN MATHISON: I signed one 15 more. 16 COMMISSIONER KJELLANDER: Okay. Well 17 it's good to see you anyway. 18 Todd Marett or Marek. 19 20 21 22 23 24 25 118 HEDRICK COURT REPORTING WHITWORTH (X) P.O. BOX 578, BOISE, ID 83701 Public 1 MICHAEL TODD MAREK, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 THE WITNESS: Thanks a lot for -- 6 7 EXAMINATION 8 9 BY MR. HOWELL: 10 Q. Could you state your name and spell 11 your last for the record? 12 A. Michael Todd Marek, M-A-R-E-K. 13 Q. And, Mr. Marek, can you give us an 14 address? 15 A. 158 East Main, Grangeville. 16 Q. And do you represent any entity or 17 organization? 18 A. The Grangeville Economic Management 19 Team. 20 Q. All right. Thank you. 21 THE WITNESS: First of all -- oops. 22 First of all, I'd like to say, as you've probably 23 heard from the others, that many of the small 24 communities in Idaho County are suffering greatly 25 from all the loss of jobs we've had the last couple 119 HEDRICK COURT REPORTING MAREK P.O. BOX 578, BOISE, ID 83701 Public 1 years; and I know a lot of people say that a lot of 2 this is just progress and this is change, and I 3 think we realize that, but -- and I think we can 4 overcome a lot of the change and head towards 5 progress, but we can't lose the last few tools we 6 have to do that. 7 And right now, I know a lot of the 8 towns are struggling. There's a lot of civic groups 9 working hard to try to develop new business and try 10 recruit new business, and we just -- the rail is 11 probably the most important asset we have. When 12 you're located in Central Idaho, shipping is always 13 one of the biggest concerns on any type of 14 manufacturing or any type of product development, 15 and if we lose the last -- really the last main 16 thread we have, it's really going to hurt us. 17 I guess -- I guess I also feel that 18 in -- right now, you know, we're kind of -- we are 19 struggling, the whole area is struggling and all the 20 economies are real low, and I'm sure maybe that's 21 one of the reason some of the numbers are down for 22 the rail, but we all know that, you know, there's 23 bumps in the road and right now we're down in a low 24 area, and I think if we keep working and we get our 25 economies going better, we're going to be able to 120 HEDRICK COURT REPORTING MAREK P.O. BOX 578, BOISE, ID 83701 Public 1 add more -- hopefully more shipping numbers to the 2 rail. And I think it's basically just because we 3 hit the first bump in the road, to abandon the rail 4 is the worst possible thing to do. I think if we 5 hang in there and everybody keeps working and when 6 the economy is strong again, I'm sure the shipping 7 numbers will be up again and everybody will prosper. 8 I think our forefathers had a lot of 9 insight when they allotted all the land for the 10 rails, and they didn't do that just so that Railroad 11 Companies could make a lot of money. They did that 12 so all of America could prosper, and they let the 13 cities and the rural communities work together and 14 partner together to let both sides benefit. 15 And, right now I think the rural towns 16 are struggling a lot more in the United States than 17 the -- than the larger towns, and I guess we don't 18 always have the population for all the voting, but I 19 think that America is going to be a lot better 20 society with the small rural areas doing well. 21 And I guess I just feel that right 22 now, a lot of the small communities, we feel like 23 we're climbing the rope out of the -- out of the 24 hole right now and starting to see the sunshine, and 25 I just -- taking the rail out of the area is going 121 HEDRICK COURT REPORTING MAREK P.O. BOX 578, BOISE, ID 83701 Public 1 to be just like cutting that last thread that we're 2 hanging onto to make our way out. 3 COMMISSIONER KJELLANDER: Thank you 4 for your statement. 5 Are there any questions? Mr. Howell. 6 7 CROSS-EXAMINATION 8 9 BY MR. HOWELL: 10 Q. Is it fair to characterize your 11 testimony that the abandonment would have an adverse 12 and significant consequence on rural and economic 13 development in Grangeville? 14 A. It definitely would. It's one of the 15 most important factors right now. 16 Q. Thank you. 17 COMMISSIONER KJELLANDER: Commissioners. 18 Thank you very much for your 19 testimony. 20 THE WITNESS: Yep. 21 (The witness left the stand.) 22 COMMISSIONER KJELLANDER: Mr. Don 23 Johnston. 24 25 122 HEDRICK COURT REPORTING MAREK (X) P.O. BOX 578, BOISE, ID 83701 Public 1 DONALD JOHNSTON, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Could you state your name and spell 9 your last for the record, please? 10 A. Donald Johnston, J-O-H-N-S-T-O-N, 11 Box 304, Craigmont, Idaho. 12 Q. And do you represent any entity or 13 organization? 14 A. Well, I'm president of the Craigmont 15 Chamber of Commerce, and I believe it would have 16 an -- abandonment would have a real detrimental 17 effect to the businesses in Craigmont. I don't want 18 to discuss too much about the safety because I 19 believe that this has already been discussed. 20 One thing that I would like to bring 21 up is that in the last number of years, Camas 22 Prairie Railroad has had two movies filmed on 23 segments of that Railroad, and I believe that they 24 probably made an income off of that. 25 Also, they have a motor car 123 HEDRICK COURT REPORTING JOHNSTON P.O. BOX 578, BOISE, ID 83701 Public 1 association in the United States, and this last -- 2 yesterday, they had 40 of those cars come from 3 Lewiston to Grangeville, and they stopped in a 4 business here in Craigmont and spent an hour and a 5 half yesterday, and they spent $564 in this town. 6 And that may not sound like lot, but I can tell you 7 one thing, that business had a good day. And, my 8 understanding is that they charge -- or, the 9 Railroad charges them $100 per car, per day, to be 10 on the Railroad, and they are spending three days on 11 Camas Prairie RailNet. 12 I believe that there is other things 13 that we could look at besides shipping if it would 14 be pursued a little bit more by Camas Prairie 15 RailNet. 16 And that basically is my testimony. 17 COMMISSIONER KJELLANDER: Thank you, 18 Mr. Johnston. 19 Are there questions for Mr. Johnston? 20 21 CROSS-EXAMINATION 22 23 BY MR. HEFFNER: 24 Q. Just one, sir: When were the movies 25 made, and what movies? I know that there were 124 HEDRICK COURT REPORTING JOHNSTON (X) P.O. BOX 578, BOISE, ID 83701 Public 1 movies. 2 A. The Wild Wild West was filmed here 3 just about two -- well, last year they were in here 4 or two years ago I guess they were in here, and they 5 filmed a lot from Reubens down over the grade. I 6 know there was only 30 seconds of it that was shown 7 in the actual movie, but they did spend I think 8 probably close to two weeks or more up here. 9 Q. Was it pre-April 17, 1998? 10 A. I believe it was -- I don't know if it 11 was before then or not. I thought it was late 1998, 12 but I'm not sure of that, because the movie just 13 came out here a year ago. 14 COMMISSIONER KJELLANDER: Are there 15 other questions? Any questions from the 16 Commission? 17 Thank you very much for your 18 testimony. 19 THE WITNESS: Thank you. 20 (The witness left the stand.) 21 COMMISSIONER KJELLANDER: We'll call 22 Deloris Davisson. 23 24 25 125 HEDRICK COURT REPORTING JOHNSTON (X) P.O. BOX 578, BOISE, ID 83701 Public 1 DELORIS JUNGERT DAVISSON, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Would you state your name and spell 9 your last for the record, please? 10 A. Deloris Jungert Davisson, 11 D-A-V-I-S-S-O-N. 12 Q. And do you have an address? 13 A. 1567 Poplar, Clarkston, Washington. 14 Q. And are you representing any 15 organization or entity? 16 A. Not formally. 17 THE WITNESS: First of all, I want to 18 thank the members of the IPUC for holding this 19 public hearing, and I want to go on record as being 20 opposed to the Railroad abandonment on the grounds 21 that the Railroad asserts that prospects for any 22 future growth and development of traffic on the line 23 are poor. That might have been true, or perhaps 24 not. Idaho's past was predicated on industry-based 25 industries -- timber, mining, the agriculture 126 HEDRICK COURT REPORTING DAVISSON P.O. BOX 578, BOISE, ID 83701 Public 1 industry -- and we know that this is the day of 2 change, so the future, as our last speaker just 3 said, might be based on other things. I have five 4 items that I want to share with you about the 5 possibility of future development for the tourist 6 industry. 7 He spoke about the 30 speeder cars -- 8 40, maybe there were -- that came over the rails and 9 through the tunnels and trestles up Lapwai Canyon 10 and over Lawyers Canyon, and if each car holds four 11 people and each person spends about $200 a day in 12 our economy -- and last year I had dinner with the 13 folks, so this is a repeat performance, so we know 14 that their -- they liked what they saw. And last 15 year, they told me that they spent $600 to run their 16 car on the route. So if you do your multiplication 17 there, you find out that this is an underdeveloped 18 resource. Next month there will be another group of 19 speeders, bringing the income to the area and 20 extolling the riding and adding to the tourist 21 potential in our counties and to the state of 22 Idaho. So sort of like the Field of Dreams: If you 23 develop it, they will come. 24 Second, I want to share with you the 25 fact that there's a Lewis and Clark dinner train 127 HEDRICK COURT REPORTING DAVISSON P.O. BOX 578, BOISE, ID 83701 Public 1 running out of Lewiston, carries about 100 people on 2 a run. They have run on holidays just starting this 3 year, $75 per head, and they have run to full 4 capacity everytime they've run. And I've heard -- 5 I've been over there and people are clamoring for 6 rides to the Camas Prairie. 7 And foundations such as the 8 Albertson's Foundation believe in this train enough 9 to have recently given a substantial grant to 10 develop the use of the train as a traveling 11 classroom, and the Lewiston Schools are in 12 cooperation with this project. So, if you develop 13 it, they will come. 14 Third, the Department of Interior's 15 National Park Service Cultural Journal, Cultural 16 Resource Management, Vol. 22, No. 10, carried an 17 article this last year in December entitled On Track 18 Through A Beautiful Country. It describes the Camas 19 Prairie Railroad and its potential for cultural and 20 ecotourism. And I might say these are -- they're 21 not all poor jobs. These tracks traverse the 22 Nez Perce Indian Reservation and run through the 23 Nez Perce National Park -- National Historic Park. 24 And the article lists up the Camas Prairie Railroad 25 along with other railroads such as the Alaska 128 HEDRICK COURT REPORTING DAVISSON P.O. BOX 578, BOISE, ID 83701 Public 1 Railroad that runs to Denali, the Grand Canyon 2 Railroad, the Allegheny Portage Railroad, the 3 historic railroads in the National Park system and 4 beyond. So the Camas Prairie Railroad is in good 5 company. 6 Fourth, the Idaho State Historic 7 Preservation Officer writes the following in a 8 report countering the CPRN assertion that the rail 9 line and the 50 Railroad-owned structures have no 10 historical value. They state, and I quote: 11 Quote, we strongly disagree with this 12 statement -- this is a State Historic Preservation 13 Officer -- the Camas Prairie Railroad is clearly 14 eligible -- and they put "eligible" in italics -- 15 for the National Register of Historic Places under 16 at least two criteria: Statewide significance under 17 Criteria A for its association with railroad history 18 in Idaho, and national significance under Criteria C 19 for its association with railroad engineering and 20 construction. The engineering aspects of the line 21 in particular, the gray trustles and tunnels, have 22 been noted by a nationally-recognized railroad 23 historian as being extremely rare surviving 24 properties, and the line in its entirety is an 25 historic engineering achievement that can be found 129 HEDRICK COURT REPORTING DAVISSON P.O. BOX 578, BOISE, ID 83701 Public 1 nowhere else in the entire United States. 2 And they further say: It is our 3 professional opinion that the Camas Prairie Railroad 4 is potentially eligible for the National Historic 5 Landmark, and we also expect to be located along the 6 line archaeological properties associated with 7 Native American use of the area and railroad 8 construction. We are therefore recommending an 9 archaeological and historical survey of the 65.5 10 miles of the line to identify any such properties 11 and produce basic documentation of the rail line and 12 structures. The archaeological and historical 13 consultants should be well-versed in Railroad 14 history, as well as early Native American history of 15 the area. 16 They have forwarded that to the 17 Railroad after the Railroad said that it was of no 18 historical value. 19 Fifth, the National Railroad Fan (sic) 20 magazine, which is just going to hit the stands, in 21 their August 2000 addition has a two-page spread 22 extolling the use of the Camas Prairie Railroad for 23 its tourist potential and its fine dining. This is 24 already started. Idaho is a gateway to abundant 25 recreational, sporting, historical, natural 130 HEDRICK COURT REPORTING DAVISSON P.O. BOX 578, BOISE, ID 83701 Public 1 resource, archaeological, and indigenous cultures; 2 and these tracks, tunnels, and trestles are unique. 3 The line in its entirety is an historic engineering 4 achievement that can be found nowhere else in the 5 United States. 6 I moved back to this area after being 7 gone for 40 years. I grew up on a grain and cattle 8 farm in the area, and farming was even declining 9 then, so I went off to do other things, having come 10 back here to retire. I rode on that line as a 11 child, and I rode on that line when I first started 12 to college, so that says something about how old I 13 am. 14 Anyway, that line, when we live here, 15 we don't realize how gorgeous and what a treasure we 16 have, and I hope the people in Washington who are 17 making the Decision will come out here and maybe 18 ride that train and see what they have to rule on. 19 In conclusion, the Camas Prairie 20 RailNet should not be allowed to abandon its tracks, 21 tunnels, and trestles. I don't think they've done 22 very aggressive marketing or have they exhibited a 23 serious focus on customer needs when we consider the 24 health of our rural communities and the change from 25 the resource-based economy. And their assertion 131 HEDRICK COURT REPORTING DAVISSON P.O. BOX 578, BOISE, ID 83701 Public 1 that prospects for any future growth and development 2 of traffic on the line being poor are just plain 3 wrong and shortsighted. 4 So I would like to be -- I would like 5 to say that I oppose the abandonment of the Camas 6 Prairie RailNet tracks. 7 COMMISSIONER KJELLANDER: Are there 8 questions from Mr. Millward? 9 Mr. Howell? No? 10 From the Commission? 11 COMMISSIONER SMITH: No, thank you. 12 COMMISSIONER KJELLANDER: Thank you 13 very much for your testimony. 14 (The witness left the stand.) 15 COMMISSIONER KJELLANDER: Jamie 16 Edmondson. 17 18 JAMIE EDMONDSON, 19 appearing as a public witness, being first duly 20 sworn, was examined and testified as follows: 21 22 EXAMINATION 23 24 BY MR. HOWELL: 25 Q. Would you state your name and spell 132 HEDRICK COURT REPORTING EDMONDSON P.O. BOX 578, BOISE, ID 83701 Public 1 your last for the record, please? 2 A. Jamie Edmondson, E-D-M-O-N-D-S-O-N. 3 Q. And do you have an address for us? 4 A. Post Office Box 360, Elk City, Idaho. 5 Q. And do you represent any entity or 6 organization? 7 A. Yes. I'm speaking for the Idaho 8 County Historical Preservation Commission. 9 Q. Great. 10 THE WITNESS: And I'd like to thank 11 you for this opportunity to speak. A lot has been 12 said and the previous speaker talked about the 13 historical and tourism value of this. 14 The Commission would like to go on 15 record opposing the abandonment because of the 16 historical value of this line. We know that in 2003 17 to 2006, there's been an estimate of 4 to 19 million 18 people coming through here on the Lewis and Clark 19 Expedition, people following the trail. That will 20 greatly impact this area, and not only the increased 21 travel on the road will cause a danger, but also, 22 this affords the opportunity of a wonderful 23 development of historic travel on the line. 24 So I would just like to thank you 25 again, and we do oppose abandonment. 133 HEDRICK COURT REPORTING EDMONDSON P.O. BOX 578, BOISE, ID 83701 Public 1 COMMISSIONER KJELLANDER: Are there 2 questions from the Commission? 3 4 EXAMINATION 5 6 BY COMMISSIONER KJELLANDER: 7 Q. I just have one question: You said 8 your affiliation is with the Idaho Historical 9 Preservation Society. Is that correct? 10 A. Idaho County Historical Preservation 11 Commission. 12 Q. Idaho County. Okay. Are you aware of 13 any granting agencies that would provide funds for 14 some of the products and ventures that may have been 15 outlined in either your testimony or previous 16 testimony? 17 A. I'm not aware of any. There is a 18 foundation called Steele-Reese Foundation. 19 Q. Out of Salmon, Idaho? 20 A. No, they're not out of Salmon. 21 They're back East. They grant moneys to Idaho and 22 Kentucky, and they're mainly interested in education 23 and health care, but education can take the form of 24 the rail line and a traveling classroom, things like 25 that. 134 HEDRICK COURT REPORTING EDMONDSON (Com) P.O. BOX 578, BOISE, ID 83701 Public 1 I have not researched any grant. 2 Although I do write grants, I have not researched 3 any others, but that's the first one that comes to 4 mind, so there might be that possibility. 5 Q. Thank you. 6 (The witness left the stand.) 7 COMMISSIONER KJELLANDER: Mr. Scott 8 Turlington. 9 10 SCOTT TURLINGTON, 11 appearing as a public witness, being first duly 12 sworn, was examined and testified as follows: 13 14 EXAMINATION 15 16 BY MR. HOWELL: 17 Q. Could you state your name and spell 18 your last for the record, sir? 19 A. Yes. Scott Turlington, 20 T-U-R-L-I-N-G-T-O-N. 21 Q. And do you have an address for us? 22 A. I do. 846 Main Street, Lewiston, 23 Idaho. 24 Q. And who do you represent? 25 A. I'm here representing US Senator 135 HEDRICK COURT REPORTING TURLINGTON P.O. BOX 578, BOISE, ID 83701 Public 1 Larry Craig tonight. 2 Q. Please give us your statement. 3 A. Thank you. 4 THE WITNESS: Mr. Chairman, 5 Commissioners, first, I would like to thank you for 6 the opportunity to allow us to offer some comments 7 this evening. Senator Craig is pleased that the PUC 8 is involved with this process, and we are hopeful 9 that this public hearing, as well as the PUC 10 technical hearing earlier this day, will warrant 11 further inquiry into this proposed abandonment 12 process. 13 Having said that, we would like to -- 14 excuse me -- we would like the PUC to know of 15 economic importance this line has to the communities 16 it serves. Not only does it allow the shippers to 17 utilize low-cost transportation, but it also affords 18 them the ability to compete internationally. 19 I don't think it's necessary for me at 20 this time to get into the nuts and bolts of the 21 details. We are confident that the communities, the 22 public at large, and others, have and will 23 sufficiently provide the necessary factual details 24 and assessments needed to determine a viable 25 solution. 136 HEDRICK COURT REPORTING TURLINGTON P.O. BOX 578, BOISE, ID 83701 Public 1 Again, thank you, Mr. Chairman and 2 Commission, for this opportunity to come forward, 3 and we look forward to your Decision. 4 COMMISSIONER KJELLANDER: Are there 5 questions? 6 One from -- sir. 7 MR. HEFFNER: Not really a question. 8 I basically just want to thank you and your boss for 9 your interest in this matter, and I'd be delighted 10 to meet with the staff in Washington in his office, 11 as I said to the other Representatives, to try to 12 find a solution: Federal funding, State funding -- 13 THE WITNESS: Sure. 14 MR. HEFFNER: -- cooperative 15 discussions, whatever way I can. 16 THE WITNESS: I know we would 17 certainly encourage that and welcome that. It is 18 unfortunate, however, that your client has waited 19 until this point to seek that. Our doors are always 20 open, and will continue to be open. 21 MR. HEFFNER: We appreciate that. 22 THE WITNESS: We look forward to 23 that. Thank you. 24 COMMISSIONER KJELLANDER: Commissioner 25 Smith. 137 HEDRICK COURT REPORTING TURLINGTON P.O. BOX 578, BOISE, ID 83701 Public 1 COMMISSIONER SMITH: Yes. I just want 2 to express our thanks to Senator Craig and also 3 Senator Crapo for their help in trying to get the 4 Surface Transportation Board to come to Idaho -- 5 THE WITNESS: Yes. 6 COMMISSIONER SMITH: -- and listen to 7 the people and see the line. Although we weren't 8 successful in that, we really do appreciate their 9 efforts. 10 THE WITNESS: Well it was described in 11 that, as Mr. Miller mentioned earlier, the 12 delegation, for the public's information, did send 13 out a letter in April and also we sent out a second 14 letter requesting that, but of course that fell upon 15 deaf ears. That is unfortunate. So, thank you. 16 COMMISSIONER KJELLANDER: Appreciate 17 your testimony. Thank you. 18 (The witness left the stand.) 19 COMMISSIONER KJELLANDER: Mr. Doug 20 Scoville. 21 22 23 24 25 138 HEDRICK COURT REPORTING TURLINGTON P.O. BOX 578, BOISE, ID 83701 Public 1 DOUG SCOVILLE, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Sir, could you please state your name 9 and spell your last for the record? 10 A. My name is Doug Scoville, 11 S-C-O-V-I-L-L-E. 12 Q. And do you have an address for us? 13 A. 1240 Scoville Road, Potlatch, Idaho. 14 Q. Sounds like a good road. 15 Do you represent any entity or 16 organization in Idaho? 17 A. Yes, sir. I'm chairman of the Idaho 18 Barley Commission. 19 Q. And could you give us your statement, 20 sir? 21 A. Okay. 22 THE WITNESS: On behalf of the Idaho 23 Barley Commission and more than 670 barley producers 24 in Lewis, Nez Perce, and Idaho counties, I want to 25 express our appreciation to the Idaho Public 139 HEDRICK COURT REPORTING SCOVILLE P.O. BOX 578, BOISE, ID 83701 Public 1 Utilities Commission for convening this hearing on 2 the Camas Prairie RailNet Application to abandon the 3 Spalding to Grangeville branch line. 4 The proposed abandonment of the 5 Grangeville line would cause economic harm to more 6 than 670 producers in these three counties who rely 7 on rail service to more -- to the movement of their 8 barley to the market. More than 57,000 acres of 9 barley are planted in these three counties, 10 generating more than 74,000 tons, or 3.1 million 11 bushels per year. Production in Lewis and Idaho 12 counties, which are directly served by this branch 13 line, totals more than 56,000 tons, or 2.3 million 14 bushels. Currently, all of the malt barley produced 15 in these two counties -- approximately 40,000 tons 16 or 1.67 million bushels -- are transported on this 17 line. 18 The increase in direct transportation 19 costs that will result from shifting these movements 20 from rail to truck at origin will be about four to 21 $5 per ton, or five percent of the producers' 22 current selling price. Other increased costs will 23 include an additional elevation and handler's fee. 24 In total, these costs will threaten the future 25 profitability of the malting barley production on 140 HEDRICK COURT REPORTING SCOVILLE P.O. BOX 578, BOISE, ID 83701 Public 1 the Camas Prairie, which has been a desirable 2 location for malting barley due to quality 3 production and favorable logistics. 4 If alllowed to proceed, this branch 5 line abandonment may force barley contractors to 6 look elsewhere for their malting barley production, 7 particularly those areas located closer to the main 8 line service, and will leave the producers on the 9 Camas Prairie with one less production option in an 10 already economically-stressed economy. 11 We also are concerned about the impact 12 on the local and state highways as a result in the 13 increased truck movement of grain and forest trucks 14 from the Camas Prairie. 15 We urge the Idaho Public Utilities 16 Commission and the Surface Transportation Board to 17 work with the Camas Prairie RailNet to find an 18 alternative to abandonment, which could include 19 selling this line to a local shippers association 20 for a nominal fee after the line is brought up to 21 Class 3 operating standards. 22 In closing, let me emphasize that rail 23 service for the Camas Prairie is an integral part of 24 a multi-million-dollar malting barley industry in 25 this part of Idaho. A loss in rail service will 141 HEDRICK COURT REPORTING SCOVILLE P.O. BOX 578, BOISE, ID 83701 Public 1 strike a serious blow to grain producers who are 2 already reeling from 20-year-low prices and higher 3 production costs. 4 Again, we thank you for your time and 5 serious consideration in protecting cost-efficient 6 rail service on the Spalding to Grangeville branch 7 line. 8 COMMISSIONER KJELLANDER: Thank you 9 for your question -- or, your statement. 10 Are there questions? 11 12 CROSS-EXAMINATION 13 14 BY MR. HEFFNER: 15 Q. One short question, Mr. Scoville: 16 Can you identify some shippers that 17 would be willing to buy the line for its net 18 liquidation value? 19 A. I wished I could, but not being 20 involved in that part of the industry, I am unable 21 to do it. 22 I would like to add that having 23 returned from a week in Japan with the new SBS 24 system and the interest in buying grain from the 25 United States, that there is a movement that we are 142 HEDRICK COURT REPORTING SCOVILLE (X) P.O. BOX 578, BOISE, ID 83701 Public 1 presently able to have 50-percent share -- or, 2 45-percent share -- excuse me. I don't want to give 3 the wrong impression -- of approximately 140 million 4 metric ton. The -- within two years, this is going 5 to increase to approximately 600 million metric ton, 6 and this would greatly give the opportunity for the 7 Camas Prairie to participate in this type of the 8 industry too if they were still here. 9 Q. Thank you. 10 COMMISSIONER KJELLANDER: Mr. Millward. 11 12 CROSS-EXAMINATION 13 14 BY MR. MILLWARD: 15 Q. Mr. Scoville, how are you doing 16 tonight? 17 A. Very good. Thank you. 18 Q. You're with the Barley Commission, and 19 I missed the tonnage you said or the bushels of 20 malting barley you grew in this area in your county 21 you represent. What was that again? 22 A. Approximately, 400 -- or, 40,000 tons, 23 or 1.67 million bushels, are transported by the 24 line, and 50 -- 56,000 tons, or 2.3 million bushels. 25 Q. And isn't it true that the reason you 143 HEDRICK COURT REPORTING SCOVILLE (X) P.O. BOX 578, BOISE, ID 83701 Public 1 ship by rail with this malting barley is it has to 2 sit for a couple of days while the producer of the 3 malting barley -- the buyer of the malting barley 4 has to see if it will germinate; and if it won't 5 germinate, then it's shipped for pig feed or 6 something like that? Isn't that correct? 7 A. Well, I don't know whether that has 8 anything to do with that or whether it's going to be 9 shipped for pig feed or not, but what the important 10 thing that you need to know is that rail is the only 11 method that they are able to accept barley into 12 their facilities. Trucks have been tried but they 13 are just -- they're not set up for that. And that's 14 both north and south in any of our system. 15 I can't speak to whether they're going 16 to buy it or whether they're not because of offgrade 17 and going for pig feed, but transportation, getting 18 it there, is probably the main point. 19 Q. Okay. If -- are you aware of the 20 Surface Transportation Board's new recommendation 21 for the trucks? Have you been reading anything 22 about that, dealing with their hours of service, 23 things like that? 24 A. I have read, but I'm probably not as 25 familiar as I should be. Are you willing to 144 HEDRICK COURT REPORTING SCOVILLE (X) P.O. BOX 578, BOISE, ID 83701 Public 1 acquaint me? 2 Q. Well in that report, I think I read 3 that if those regulations were imposed, that 4 trucking rates could increase by close to 50 5 percent. Now, I think that would be very adverse to 6 the shipping of your barley with the people you 7 represent. I was just wondering if you've been 8 thinking of the added cost of trucks if this rail 9 line is abandoned, if those new regulations do come 10 into town? 11 A. Very definitely. So not only the 12 added costs for trucks, but probably more seriously, 13 the added maintenance for the highway system, which 14 is totally unacceptable to take it that distance and 15 probably even out of this community too. 16 Q. Thank you, Mr. Scoville. 17 COMMISSIONER KJELLANDER: Are there 18 additional questions, Mr. Howell? 19 MR. HOWELL: Just one. 20 21 CROSS-EXAMINATION 22 23 BY MR. HOWELL: 24 Q. Chairman Scoville, you've mentioned 25 that the Commission would like to see the line 145 HEDRICK COURT REPORTING SCOVILLE (X) P.O. BOX 578, BOISE, ID 83701 Public 1 brought up to FRA Class 3 I think you said. Do you 2 know why that is? 3 A. That was just -- that was a 4 recommendation that -- from some of the personnel 5 within our office. I can't speak to it because I'm 6 not familiar with all of the Class 3 things, but I 7 do believe that, if I'm not -- if I'm not correct, 8 one of the things in Class 3 is to -- is a miles per 9 hour limitation of which would still allow the grain 10 to move safely from this community right here, and 11 that is what we have within our area up north, and I 12 don't think I've had any train wrecks up there yet. 13 Q. Keep your fingers crossed. 14 No further questions. 15 COMMISSIONER KJELLANDER: Other 16 questions from the Commission? 17 If not, thank you, Mr. Scoville. 18 THE WITNESS: Thank you very much. 19 (The witness left the stand.) 20 COMMISSIONER KJELLANDER: Call 21 J. R. VanTassel. 22 23 24 25 146 HEDRICK COURT REPORTING SCOVILLE (X) P.O. BOX 578, BOISE, ID 83701 Public 1 J. R. VanTASSEL, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Good evening, sir. Could you state 9 your name and spell your last for the record? 10 A. J. R. VanTassel, capital V-A-N-, 11 capital T-A-S-S-E-L. 12 Q. And do you have an address for us? 13 A. 1127 Seventeenth Avenue in Lewiston. 14 Q. And do you represent an entity or 15 organization tonight? 16 A. I do. I'm the Chairman of Nez Perce 17 Board of County Commissioners. 18 Q. Please give us your statement. 19 A. Thank you. 20 THE WITNESS: Mr. Chairman, Commission 21 members, I kind of want to express my support for 22 those who are in opposition for economic and other 23 reasons, but as a representative of Nez Perce 24 County, the one issue that I particularly like to 25 address, and that's public safety. 147 HEDRICK COURT REPORTING VanTASSEL P.O. BOX 578, BOISE, ID 83701 Public 1 We have in Nez Perce County something 2 of an attractive nuisance. We've got the Webb 3 Cutoff Road which travels into parts of US 95 just 4 south of Lapwai, travels west into the Tammany Creek 5 Valley, where there are four different opportunities 6 for truck traffic to go through residential areas. 7 And I think that this is something that's very 8 necessary to keep in mind. While our roads out in 9 the county are basically built to carry heavier 10 traffic, there's residentialization going on in that 11 part of the community just outside the city limits, 12 and once there's truck traffic would enter into the 13 city limits of Lewiston, it would enter 14 highly-congested traffic areas and streets that 15 aren't built to carry that kind of traffic. So I 16 think that this would be a very negative effect on 17 rural Nez Perce County and the city of Lewiston. 18 I guess having said that, that about 19 sums up my concerns at this point. 20 COMMISSIONER KJELLANDER: Thank you, 21 Mr. VanTassel. 22 Are there questions? From the 23 Commission? 24 Thank you very much for your 25 testimony. 148 HEDRICK COURT REPORTING VanTASSEL P.O. BOX 578, BOISE, ID 83701 Public 1 THE WITNESS: Thank you. 2 (The witness left the stand.) 3 COMMISSIONER KJELLANDER: Mike 4 Edmondson. 5 6 MICHAEL J. EDMONDSON, 7 appearing as a public witness, being first duly 8 sworn, was examined and testified as follows: 9 10 EXAMINATION 11 12 BY MR. HOWELL: 13 Q. Could you state your name and spell 14 your last for the record, please? 15 A. It's Michael J. Edmondson, 16 E-D-M-O-N-D-S-O-N. 17 Q. And do you have an address? 18 A. Post Office Box 360, Elk City, Idaho. 19 Q. And do you represent any entity or 20 organization? 21 A. Not officially, but I'm president of 22 the Elk City Ambulance, and I'm here as an EMT. 23 Q. All right. Give us your statement, 24 sir. 25 A. First, thank you for allowing to take 149 HEDRICK COURT REPORTING EDMONDSON P.O. BOX 578, BOISE, ID 83701 Public 1 the testimony. I'm glad to see that there are some 2 people that are concerned as far as representatives 3 for us in rural areas. 4 Again, I live in Elk City. I've been 5 an EMT, along with my wife, for approximately three 6 years. Although this abandonment would not affect 7 us as far as being EMTs, I guess I want to express 8 maybe an EMT outlook on the potential abandonment. 9 It's mentioned that there will be 10- to 12,000 10 additional trucks that will be traveling on Highway 11 95 or other roads as a result of rail abandonment, 12 and I wanted to put a real face on those people that 13 are going to be responding to those accidents. 14 Elk City Ambulance is all volunteer 15 service, and a lot of the rural emergency medical 16 services in this area are also voluntary or 17 primarily voluntary. Those are the people that are 18 going to be responding to those accidents. 19 During the day when I'm wearing a 20 radio and I'm listening to calls, a lot them come in 21 from the Kooskia, Kamiah, Lowell area, which is 22 Highway 12, and it's amazing the number of them that 23 involve truck accidents. And I guess we've been 24 quite fortunate in the three years that I have been 25 an EMT that I've not had to respond to one of those 150 HEDRICK COURT REPORTING EDMONDSON P.O. BOX 578, BOISE, ID 83701 Public 1 type of accidents, but believe me, that is the major 2 nightmare that I have is to come upon a truck wreck 3 that involves a family. And a million-dollar issue 4 as far as loss per year that was mentioned, I guess 5 if it was my child that was killed as a result of 6 this, I would somehow come up with the million bucks 7 if I could get my child back. And there is -- as 8 much as there is an economic impact on this, there 9 is potentially a real-life-people impact also. 10 I did happen to hear on the radio last 11 week -- and I'm glad to see somebody else had 12 mentioned it -- the possible changes that are in the 13 trucking industry that are being proposed by the 14 present administration, and one of the reasons given 15 for that is because of truck safety, and one of the 16 proposed solutions that I had heard was to eliminate 17 trucking between midnight and six a.m. And I'm 18 going from a safety standpoint, you're putting those 19 additional trucks now, if that legislation or those 20 proposed changes were to occur, during times that 21 school buses and families and just lots more traffic 22 on the highway to potentially be impacted. 23 And I would like to make one more 24 statement that's we were in Mackay last week and 25 stopped at the historical museum there and talked 151 HEDRICK COURT REPORTING EDMONDSON P.O. BOX 578, BOISE, ID 83701 Public 1 with an older fellow that had been born and raised 2 in Mackay, and happened to run into him right where 3 the abandoned rail line rail bed is at. And I asked 4 him, you know, I notice when we were driving up here 5 a lot of the empty potato storage sheds that are 6 down there. I'm not a potato farmer, so I'm not -- 7 but it was interesting, his story on the abandonment 8 is similar to the Senator that had reported that 9 this gentleman stated that a number of things that 10 he saw the Railroad did to contribute to the 11 abandonment of rail service there. And Mackay looks 12 like a ghost town, and I am concerned that's going 13 to happen to our area also. 14 That's my statement, and I would like 15 to be on record as opposing the rail abandonment. 16 Thank you. 17 COMMISSIONER KJELLANDER: Thank you, 18 Mr. Edmondson. 19 Are there questions for 20 Mr. Edmondson? From the Commission? 21 Thank you very much for your 22 testimony. 23 (The witness left the stand.) 24 COMMISSIONER KJELLANDER: We'd like to 25 call now Dodd Snodgrass. 152 HEDRICK COURT REPORTING EDMONDSON P.O. BOX 578, BOISE, ID 83701 Public 1 DODD SNODGRASS, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Could you please state your name and 9 spell your last for the record, please? 10 A. Dodd Snodgrass, S-N-O-D-G-R-A-S-S. 11 Q. Do you have an address for us? 12 A. Yeah. 1626 Sixth Avenue North, 13 Lewiston, Idaho. 14 Q. And what is the entity that you 15 represent? 16 A. Yes, I'm the Economic Development 17 Director for the Clearwater Economic Development 18 Association. 19 Q. And do you have a statement? 20 A. Yes, I do. 21 THE WITNESS: Thank you for the 22 opportunity to be here. 23 CEDA -- Clearwater Economic 24 Development Association -- is a private, nonprofit, 25 development corporation serving Nez Perce, Lewis, 153 HEDRICK COURT REPORTING SNODGRASS P.O. BOX 578, BOISE, ID 83701 Public 1 Idaho, and Clearwater counties. For the record, the 2 executive committee of CEDA approved a resolution 3 opposing abandonment, and that was submitted to the 4 IPUC, as well as the Surface Transportation Board, 5 so I want to ensure that that's included in the 6 record. 7 Finally, the position is abandonment 8 of the rail line will be detrimental to rural and 9 community development. I don't know by whose 10 definition the region is considered sparse and 11 remotely populated, compared maybe to a 12 metropolitan, urbanized area, but under Idaho 13 definition, Grangeville is an urbanized area last 14 time I checked. 15 The Camas Prairie is a vital part to 16 commodity production. Fifty-nine percent of Lewis 17 County, for example, is land uses in agriculture. 18 And I'm sure the Idaho County portion up here on the 19 Prairie is equal or greater share. 20 The population trend since 1990 has 21 been growing in this part of the state. Idaho 22 County is up 9.2 percent, according to the Census 23 Bureau, since 1990; Lewis County, up 12 percent. 24 There are many challenges in this part 25 of the state. Unemployment is high -- high compared 154 HEDRICK COURT REPORTING SNODGRASS P.O. BOX 578, BOISE, ID 83701 Public 1 to the state average -- which is necessitating more 2 business and income-generating activities. This 3 part of the region -- in fact, much of North Central 4 Idaho -- is designated distressed counties by the 5 US Economic Development Administration. 6 But I want to point out a fact. There 7 is a manufacturing base on the Camas Prairie. 8 Mr. Spradlin's testimony in the record I think 9 stated otherwise. Fifteen percent of Idaho County 10 economic base is in manufacturing employment, 11 12 percent Lewis County is manufacturing base, and 12 that's compared to 15 percent statewide. So, Idaho 13 County and state are on par in manufacturing. Those 14 are 1998 shares by Job Service. 15 Economic development is essentially a 16 foundation of working solid infrastructure. 17 Transportation can be a limitation if development -- 18 to development if options are reduced. We need to 19 seek cooperative solutions to maintain the rail line 20 and achieve economic diversification. That's truly 21 the strategy we're seeking to achieve in North 22 Central Idaho. 23 Finally, to maintain access and 24 opportunity -- excuse me -- the loss of the rail, 25 the intended impact on US 95 and feeder roads due to 155 HEDRICK COURT REPORTING SNODGRASS P.O. BOX 578, BOISE, ID 83701 Public 1 increased truck traffic, fuel efficiency changes, 2 maintenance and operation increase, and safety 3 concerns, combined with a threat to barge 4 transportation due to potential for dam breaching on 5 the Lower Snake, creates a real precarious and 6 disstabilized transportation system, which equates 7 to lost economic potential. 8 I don't believe that case was strongly 9 made by RailNet. It's really a dynamic analysis of 10 the transportation infrastructure and the results 11 that will occur if the rail line is abandoned. So 12 I'd like to urge the State to intervene and oppose 13 abandonment for the Spalding-Grangeville line, and 14 we appreciate your attention on this situation. 15 COMMISSIONER KJELLANDER: Are there 16 questions for Mr. Snodgrass? 17 18 CROSS-EXAMINATION 19 20 BY MR. HEFFNER: 21 Q. Yeah, Mr. Snodgrass, I've represented 22 economic development agencies which have acquired 23 rail lines, and my question to you, sir, is whether 24 your organization or similar organizations along the 25 line would be interested in putting together a 156 HEDRICK COURT REPORTING SNODGRASS (X) P.O. BOX 578, BOISE, ID 83701 Public 1 proposal to buy the line for its net liquidation 2 value? 3 A. Well, I think, as Mr. Turlington 4 stated earlier, we would have liked to have heard 5 that request some time ago. And I can't say that 6 we're in a position to own and operate a rail. 7 Q. At least maybe to own? 8 A. We're interested in the maintenance 9 and operation of the rail and some entity stepping 10 forward. We'd prefer RailNet to stay in that 11 situation. 12 Q. Well I'm not saying that we wouldn't 13 be interested in being the operator, but although 14 I'm not sure that it's really my prerogative, I 15 would merely convey the message back to my client. 16 But for example, I represented an authority in 17 Pennsylvania which today owns 200 miles of former 18 Conrail trackage. 19 And so my question is, would there be 20 serious interest in putting together an 21 organization, be it an economic development agency 22 or a shipper association or the State of Idaho, to 23 come forth and to make a proposal to buy the 24 Railroad from us at its NLV -- net liquidated value? 25 A. We're interested in cooperating with 157 HEDRICK COURT REPORTING SNODGRASS (X) P.O. BOX 578, BOISE, ID 83701 Public 1 any entities to keep the rail open and operating. 2 Q. Thank you. 3 COMMISSIONER KJELLANDER: Mr. Howell. 4 5 CROSS-EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Mr. Snodgrass, you briefly touched on 9 what's often been referred to informally as the 10 one-two punch of rail -- losing rail line and then 11 dam breaching. 12 Can you explain a little bit more 13 about if the rail line were abandoned and breaching 14 were to occur, what the impact would be on the 15 economic development? 16 A. While I'm not prepared to present any 17 numbers or analysis, a lot of -- a lot of analyses 18 have been conducted. Suffice it to say that rail 19 and roadway and barge work hand-in-hand to transport 20 goods. If, in fact, it does come to the point where 21 the dams are breached and the rail is gone, we're 22 seriously, seriously going to be hurt in terms of 23 transportation of goods out of the region, into the 24 region. 25 Q. Thank you. 158 HEDRICK COURT REPORTING SNODGRASS (X) P.O. BOX 578, BOISE, ID 83701 Public 1 MR. HOWELL: No further questions. 2 COMMISSIONER KJELLANDER: Mr. Millward. 3 4 CROSS-EXAMINATION 5 6 BY MR. MILLWARD: 7 Q. Mr. Snodgrass, Mr. Heffner asked you 8 some questions about if your group or if you knew of 9 any group that was interested in purchasing this 10 line from Spalding to Grangeville, and I think you 11 stated you didn't know of any group. Is that 12 correct? 13 A. I can't say they have come to us, no. 14 Q. Have you heard of or seen of any 15 Application for this line for sale by Camas Prairie? 16 A. Pardon me? 17 Q. Have you read anywhere that this line 18 is for sale, other than just abandoned? 19 A. Just what I've read in terms of the 20 Application filing. 21 Q. And that being that it's never been up 22 for sale, to your knowledge, just for abandonment? 23 A. No. 24 Q. Thank you. 25 MR. HEFFNER: If I can comment, I 159 HEDRICK COURT REPORTING SNODGRASS (X) P.O. BOX 578, BOISE, ID 83701 Public 1 believe my client has stated that they would be 2 delighted to sit down and discuss with appropriate 3 persons the purchase or -- 4 (Small child approached.) 5 MR. HEFFNER: Hello. 6 -- subsidy of the rail line, and I 7 will state that for a fact that we are interested in 8 sitting down with whoever wants to sit down with us. 9 We can't sell it for a nominal value because my 10 client has spent considerable money buying it, but 11 we would certainly like to discuss the sale of the 12 line with a responsible entity. 13 COMMISSIONER KJELLANDER: So noted. 14 Commissioner Smith. 15 COMMISSIONER SMITH: Yes. 16 17 EXAMINATION 18 19 BY COMMISSIONER SMITH: 20 Q. I guess, Mr. Snodgrass, if we're going 21 to go about finding these appropriate persons who 22 have been referred to to explore the option of 23 purchasing this rail line, would you imagine that 24 might take some time? 25 A. It sounds like a very complicated, 160 HEDRICK COURT REPORTING SNODGRASS (Com) P.O. BOX 578, BOISE, ID 83701 Public 1 detailed process. I'm sure it would. 2 Q. Do you think that would be aided if 3 the Railroad were to withdraw its Request for 4 abandonment so that we would have the time to find 5 these appropriate persons? 6 A. We certainly believe it would be in 7 the interest of the Rail and the communities to 8 withdraw that. 9 COMMISSIONER SMITH: Thank you. 10 COMMISSIONER KJELLANDER: If there are 11 no additional questions, thank you for your 12 testimony. 13 THE WITNESS: Thank you. 14 (The witness left the stand.) 15 COMMISSIONER KJELLANDER: At this 16 point, we'll take a ten-minute break. 17 (Recess.) 18 COMMISSIONER KJELLANDER: All right. 19 We'll go back on the record, and while we're back on 20 the record, would also like to welcome 21 Representative June Judd. Thank you for coming this 22 evening; it's good to see you. 23 And our next witness will be 24 Barbara Greene. 25 (Approached with small child.) 161 HEDRICK COURT REPORTING SNODGRASS (Com) P.O. BOX 578, BOISE, ID 83701 Public 1 COMMISSIONER KJELLANDER: And I think 2 we only need to swear one of you in. 3 4 BARBARA GREENE, 5 appearing as a public witness, being first duly 6 sworn, was examined and testified as follows: 7 8 EXAMINATION 9 10 BY MR. HOWELL: 11 Q. When you get settled, could you state 12 your full name and spell your last for the record, 13 please? 14 A. Barbara B. Greene, G-R-E-E-N-E. 15 Q. And could you give us an address? 16 A. P.O. Box 310 (sic), Lapwai. 17 Q. And do you represent any entity or 18 organization? 19 A. Yes. City of Lapwai. 20 Q. Thank you. 21 A. Okay. 22 THE WITNESS: The City of Lapwai has 23 submitted comments formally probably several months 24 ago, and the concern is safety and increased truck 25 traffic flow. What I would like to do this evening 162 HEDRICK COURT REPORTING GREENE P.O. BOX 578, BOISE, ID 83701 Public 1 is describe the community more vividly to you. 2 The city limits are approximately a 3 mile to a mile and a half long. In the heart of the 4 city, approximately a quarter mile long, there are 5 ten to 12 exits that go into the city itself. Those 6 are for -- they're used by the school district, 7 commercial businesses, churches, and residential 8 homes. 9 Some of these residential homes are 10 not fenced in. There are children that cross the 11 main highway to the other side to a creek for 12 recreational purposes. 13 The school district has about seven or 14 eight buses that daily use this highway for their 15 routes. 16 There is a church right off that main 17 road that during large functions, especially 18 funerals, that these people park on that main 19 highway off to the side. 20 We have a commercial grocery store, a 21 cafe, and service station also located on this main 22 highway. There is a lot of local residents that 23 patronize this area. 24 It would be evident of increased 25 danger to residents and visitors to our community, 163 HEDRICK COURT REPORTING GREENE P.O. BOX 578, BOISE, ID 83701 Public 1 because it is also the main headquarters for the 2 Nez Perce Tribe, and because of the Bicentennial, 3 that will increase the visitors to our community. 4 Thank you. 5 COMMISSIONER KJELLANDER: Are there 6 questions from Mr. Howell? 7 MR. HOWELL: No questions. 8 COMMISSIONER KJELLANDER: And coming 9 from the back is Mr. Heffner. 10 11 CROSS-EXAMINATION 12 13 BY MR. HEFFNER: 14 Q. Yes, I have one question, ma'am: 15 Unfortunately, I was out searching for 16 a solution and I did not have an opportunity to hear 17 your name or who you represent or what your interest 18 is, so could you kindly repeat it? 19 A. Okay. Barbara Greene, City of Lapwai, 20 and main concern is safety and increased truck 21 traffic flow. 22 Q. Okay. And thank you. 23 MR. HEFFNER: And I thank you. 24 COMMISSIONER KJELLANDER: Okay. Any 25 questions from the Commission? Thank you for your 164 HEDRICK COURT REPORTING GREENE (X) P.O. BOX 578, BOISE, ID 83701 Public 1 testimony. 2 (The witness left the stand.) 3 COMMISSIONER KJELLANDER: The first 4 name, is it Laurine Nightingale? 5 MS. LAURINE NIGHTINGALE: Yes. 6 7 LAURINE NIGHTINGALE, 8 appearing as a public witness, being first duly 9 sworn, was examined and testified as follows: 10 11 EXAMINATION 12 13 BY MR. HOWELL: 14 Q. Ma'am, could you please state your 15 name and spell your last name for the record? 16 A. Yes. Laurine -- L-A-U-R-I-N-E -- 17 Nightingale -- N-I-G-H-T-I-N-G-A-L-E. 18 Q. And do you have an address? 19 A. Route 2, Box 1M, Reubens, Idaho. 20 Q. And do you represent an entity or an 21 organization tonight? 22 A. Yes, I do. I represent the Lewis 23 County Commissioners. I am a member of that board. 24 Q. Please give us -- 25 A. Pardon me. 165 HEDRICK COURT REPORTING NIGHTINGALE P.O. BOX 578, BOISE, ID 83701 Public 1 Q. I'm sorry. Please give us your 2 statement. 3 THE WITNESS: First of all, thank you, 4 gentlemen -- ladies and gentlemen, and for being 5 here in our beautiful prairie. I'm glad you had the 6 opportunity to come visit. 7 The Lewis County Commissioners have a 8 great deal of concern with the abandonment of the 9 Camas Prairie RailNet from Spalding to Grangeville. 10 We are adamantly opposed to the abandonment and the 11 removal of this RailNet. We have the same concerns 12 of those who have testified before as far as the 13 economics for the farming industry, the lumber 14 industry, the tax basis, and so forth; but we have 15 another question from another point of view: 16 We want to know what happened or has 17 happened in the last two years -- excuse me -- in 18 the last two years after this rail line was 19 purchased that makes this enterprise unprofitable. 20 Surely the finances were carefully studied before 21 the purchase of this RailNet. Or was it purchased 22 with the sole intent of abandonment, to tear it down 23 and dispose of it piece by piece? 24 Was there an economic study done to 25 determine the adverse effect of the region if this 166 HEDRICK COURT REPORTING NIGHTINGALE P.O. BOX 578, BOISE, ID 83701 Public 1 rail is abandoned? 2 Are there other avenues being pursued 3 to determine additional use for this line other than 4 shipping? 5 Has the preservation of historical 6 sites been considered? 7 We feel that there can never be a 8 value placed on the beauty of this historical and 9 scenic line. The historical, archaeological, 10 architectural, and cultural heritage of the state is 11 among the most important environmental assets of 12 this state. The rapid social and economic 13 development of contemporary society threatens to 14 restore the remaining vestiges of this heritage. 15 Having lived in the region all of my 16 life, I have had the privilege of being involved in 17 the heavy use of this rail line when it was a vital 18 link between the Prairie and Lewiston. I lived in 19 the little town of Reubens just on the south of 20 Craigmont here, and Reubens was established because 21 of the rail line. In 1907, the rail line came to 22 the top of the grade. We have the only turnaround 23 for the train between Spalding and Grangeville. 24 When the train passed through this 25 town, it came twice a day. This is back in my early 167 HEDRICK COURT REPORTING NIGHTINGALE P.O. BOX 578, BOISE, ID 83701 Public 1 years. It carried the mail, and it carried 2 passengers, and it carried all the products. We 3 also had the freight train that came through, and I 4 don't remember if that came daily or not, but I 5 remember the carloads of lumber and grain that 6 passed through that little town on its way back to 7 the valley. 8 I've also had the privilege of 9 traveling this route when the train was our only 10 source of transportation to the valley or across the 11 Prairie. During the World War II, we didn't have a 12 car, so that was our only mode of transportation. 13 And unless you've witnessed this scenic route 14 personally, it is so difficult to imagine or put 15 into words the undescribable beauty or spectacular 16 view of the vastness of Camas Prairie or the canyon 17 that the train follows. The magnificence of the 18 tunnels, the bridges, the trestles remain to this 19 day for the enjoyment of our children and visitors 20 to our state. 21 What is now being proposed would deny 22 forever the vestiges and enthrallment gleaned from 23 experiencing the unique engineering landmark that is 24 truly the heritage of Idahoans. Could this not be 25 returned to not only a shipping line, but also a 168 HEDRICK COURT REPORTING NIGHTINGALE P.O. BOX 578, BOISE, ID 83701 Public 1 recreational scenic tour? 2 Lewis County believes that in the 3 best -- that in the best public interest of this 4 area and state, a comprehensive program of historic 5 preservation be undertaken at all levels of 6 government -- of the government -- US government, 7 the State, and its political subdivisions -- to 8 promote the use and conservation of such property 9 for the education, inspiration, pleasure, and 10 enrichment of the citizens forever. Please do not 11 allow this to be abandoned and destroyed. 12 Thank you. 13 COMMISSIONER KJELLANDER: Are there 14 questions, Mr. Howell? 15 MR. HOWELL: No questions. 16 MR. HEFFNER: No questions. 17 COMMISSIONER KJELLANDER: Commissioner. 18 COMMISSIONER HANSEN: No questions. 19 COMMISSIONER KJELLANDER: Thank you 20 for your testimony. 21 THE WITNESS: Thank you. 22 (The witness left the stand.) 23 COMMISSIONER KJELLANDER: Steve 24 Riggers. 25 169 HEDRICK COURT REPORTING NIGHTINGALE P.O. BOX 578, BOISE, ID 83701 Public 1 STEVE RIGGERS, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Sir, could you please state your name 9 and spell your last for the record? 10 A. My name is Steve Riggers. Last name 11 is spelled R-I-G-G-E-R-S. My address is Box 369, 12 Craigmont. 13 Q. And do you represent any entity or 14 organization tonight? 15 A. No, I don't. 16 Q. Please give us your statement. 17 THE WITNESS: I too am a farmer from 18 this area. I live here in Craigmont, and I'm 19 concerned about the economic impact that abandoning 20 the rail would have towards my brothers' and 21 myself's farming operation, but what I wanted to 22 talk about was another issues that's been addressed 23 somewhat today earlier by a gentleman from 24 Elk City. He did a very good job about talking 25 about the public safety issue. 170 HEDRICK COURT REPORTING RIGGERS P.O. BOX 578, BOISE, ID 83701 Public 1 And I have been involved with the 2 Craigmont Quick Response Unit for the last four 3 years as a first responder, which is one step below 4 EMT, and we cover the area from approximately 5 Ferdinand, Idaho, down towards Culdesac on the 6 grade, along with the quick response units from 7 Winchester and Culdesac; and I can tell you in that 8 four years, I've been involved in some fatal 9 accidents on that stretch of road. 10 And that stretch of road is bad enough 11 without truck traffic on it because of the steepness 12 of the grade and the lack of pullouts, lack of 13 passing lanes. It's -- it can be extremely icy in 14 the winter. A lot of people come across the prairie 15 where the roads are free of ice and snow and then 16 enter the canyon, and it really is a bad mix for the 17 potential for those kinds of things to happen. 18 Our local quick response unit is 19 really threatened right now with burnout. We 20 have -- we're understaffed. A lot of times we have 21 only one person on call at certain times of the day. 22 Most of us are on call 12 hours, 365 days a year, 23 and it puts quite a burden on quite a few people. 24 One of the things I'm concerned about 25 is in the emergency medical field, they talk about 171 HEDRICK COURT REPORTING RIGGERS P.O. BOX 578, BOISE, ID 83701 Public 1 the golden hour that you have when you're involved 2 in a trauma incident, and it's vitally critical to 3 get people to the -- to the hospital within an 4 hour. After that, chances of survival go down hill. 5 And we're not allowed to transport. 6 We have to have an ambulance service transport the 7 patients, and that's either going to come out of 8 Nezperce or Lewiston. And, you know, the prospects 9 of getting somebody from an accident on the grade to 10 Lewiston in less than an hour is almost -- it very 11 seldom can be done after extrication, all these 12 other things that have to take place. 13 We're not paramedics. There are a lot 14 of procedures that we can't do, and we have to wait 15 a lot of times for paramedics to arrive, and it's 16 not a good situation. 17 And there's no doubt in my mind that 18 if we abandon the rail and there's increased truck 19 traffic, there's going to be a dramatic increase in 20 the amount of serious accidents on that stretch of 21 highway. 22 So, in closing, I -- I -- I'm sure 23 that if the rail is abandoned, there will be more -- 24 more accidents on that stretch of road. There's 25 going to be more fatalities. I think the chances 172 HEDRICK COURT REPORTING RIGGERS P.O. BOX 578, BOISE, ID 83701 Public 1 are very good that people that live in this 2 community sooner or later will have a relative or a 3 close friend that is impacted by this. 4 That's all I have. 5 COMMISSIONER KJELLANDER: Thank you, 6 Mr. Riggers. 7 Are there questions for Mr. Riggers? 8 From the Commission? 9 Thank you for your testimony. 10 (The witness left the stand.) 11 COMMISSIONER KJELLANDER: We'll call 12 now Lori Cox. 13 14 LORI COX, 15 appearing as a public witness, being first duly 16 sworn, was examined and testified as follows: 17 18 EXAMINATION 19 20 BY MR. HOWELL: 21 Q. Could you state your name and spell 22 your last for the record, please? 23 A. My name is Lori Cox, C-O-X. 24 Q. And do you have a business address? 25 A. I do. Post Office Box 212, 173 HEDRICK COURT REPORTING COX P.O. BOX 578, BOISE, ID 83701 Public 1 Grangeville, Idaho. 2 Q. And are you representing any entity or 3 organization tonight? 4 A. I'm actually only representing -- I'm 5 wearing three hats tonight: First of all, I'm 6 representing the Grangeville Chamber of Commerce; 7 second, I am representing the Grangeville Gem Team; 8 and, third, I will represent the Save the Railroad 9 Committee. Okay? 10 THE WITNESS: First of all, I just 11 gave the Commission copy -- or, pictures of what we 12 call speeder cars so that you understand what 13 we're -- what I'm going to tell you about. 14 I am the Executive Director of the 15 Grangeville Chamber of Commerce. I have held my 16 current position for the past 20 months. I've been 17 employed in public relations capacities for 18 18 years. 19 Grangeville is a community located on 20 the rail line proposed to be abandoned by Camas 21 Prairie RailNet. The existence of the rail line 22 serving Grangeville enables a number of 23 tourist-related activities that benefit the 24 communities along the rail line, Camas Prairie 25 RailNet, and the rural economy of the area. One of 174 HEDRICK COURT REPORTING COX P.O. BOX 578, BOISE, ID 83701 Public 1 such activities involves speeder car tours. A 2 speeder car is a motorized railroad maintenance car 3 designed to operate over Railroad lines. There is 4 approximately 300 speeder car clubs in the United 5 States. The speeder cars are transported on highway 6 trailers to various rail lines throughout the 7 United States and Canada. The speeder cars then 8 operate over the rail lines for an average of four 9 or five days. 10 I was instrumental in arranging for 11 two speeder car tours over the Camas Prairie rail 12 lines in 1999: One in May, the other in September. 13 Those speeder car trips began in Lewiston and 14 operated on the Grangeville line and on other Camas 15 Prairie lines. As these folks reached Grangeville, 16 I prepared the itineraries for their trip. A good 17 deal of time involved in those trips was spent on 18 the Grangeville line because that line is so scenic. 19 In fact, the scenic nature of the Grangeville line 20 is a major attraction for speeder car clubs. Due to 21 the beautiful scenic nature of the Grangeville line, 22 it is more responsible for the speeder cars' 23 presence than that of the other Camas Prairie lines. 24 There are two speeder car trips 25 scheduled on the Camas Prairie lines this year. 175 HEDRICK COURT REPORTING COX P.O. BOX 578, BOISE, ID 83701 Public 1 This first one is occuring as I speak, which 2 involves 40 cars for five days on the Camas Prairie. 3 The second trip is planned in July. 4 Speeder car trips will be likely to 5 continue and increase in number in the future, 6 because speeder car clubs are strongly drawn to the 7 scenic surroundings of the Camas Prairie rail line, 8 and especially the Grangeville line. 9 Based on our experience in 1999, each 10 person involved in speeder car trips spends on 11 average of $247 per day in our region. They average 12 two persons per speeder car. That translates to an 13 average revenue of $96,600 for the local area each 14 time there's a speeder car tour over Camas Prairie 15 rail lines. With three speeder car tours per year, 16 that means pumping over $285,600 per year of new 17 revenue into the local economy. That is extremely 18 beneficial to rural and community development in the 19 local area, especially bearing in mind that 20 unemployment is 10.2 percent in Idaho County and 21 7.3 in Lewis County. It would be harmful to rural 22 and community development if abandonment of the 23 Grangeville line was to cut off this important new 24 source of revenue. 25 Other significant sources of revenue 176 HEDRICK COURT REPORTING COX P.O. BOX 578, BOISE, ID 83701 Public 1 and tourism are the dinner train and motion picture 2 production on the Camas Prairie rail lines. The 3 dinner train is a huge source of revenue, in that 4 every day in the visitor's center we have people 5 requesting information on the dinner trains. 6 Between the Cottonwood, Craigmont, and Grangeville 7 Chambers of Commerce, we could fill the dinner 8 excursion trains exclusively with people from our 9 region weekly if such a service were to be 10 instituted. 11 Millions of visitors will be in the 12 area during the Lewis and Clark bicentennial 13 celebration between the years 2001 and 2006. We can 14 certainly capitalize on this market if given the 15 opportunity. 16 Lost a page here. Excuse me. 17 Another significant source of revenue 18 for Camas Prairie Railroad and the local economy is 19 motion picture production on the Grangeville line. 20 In 1999, a number of scenes from the motion picture 21 Wild Wild West were filmed on the scenic Grangeville 22 line. I have been advised that the producers of 23 that motion picture paid Camas Prairie rail line 24 approximately $185,000 as compensation for use of 25 the facilities on the Grangeville line during the 177 HEDRICK COURT REPORTING COX P.O. BOX 578, BOISE, ID 83701 Public 1 three weeks or so that filming was taking place. 2 The Idaho Film Bureau advised me that this is 3 likely -- that it is likely that the Grangeville 4 line will be used for filming railroad scenes in 5 western motion pictures on a recurring basis, unless 6 the line is abandoned. 7 The project manager for the railroad 8 scenes in Wild Wild West -- James Clark -- advised 9 the Bureau and myself that he was very pleased with 10 the scenic nature of the Grangeville line as a site 11 for filming railroad-associated scenes for western 12 motion pictures. As a matter of fact, according to 13 Mr. Clark, when he -- when it comes to scenes 14 involving railroads, prairie settings, or forested 15 settings, the Camas Prairie rail line is number one. 16 The local economy benefits 17 significantly when a motion picture is filmed in the 18 area. It is estimated that Region 2 in Idaho 19 approximately received $1 million spent in the local 20 area during the filming of the railroad scenes in 21 Wild Wild West. The local economy is in dire need 22 of revenue infusions of this kind. 23 Increased use of the rail line for 24 tourism would enable Camas Prairie RailNet to 25 collect more revenue and be a bonanza for the local 178 HEDRICK COURT REPORTING COX P.O. BOX 578, BOISE, ID 83701 Public 1 economies of the communities served by the 2 Grangeville line. All the Chambers of Commerce are 3 asking for is the opportunity to fill this niche on 4 the Camas Prairie. We would like to go on record as 5 opposing the abandonment of the Camas Prairie 6 railroad line between Spalding and Grangeville. 7 Should I go on to the next hat I'm 8 wearing? Okay. 9 The next hat I'm wearing is that of 10 the Gem Team in Grangeville, which I am a member. 11 The Gem Team has been approached by a company in 12 Wisconsin about putting in a strawboard plant. 13 First of all, this is just in the planning stages. 14 Each plant will provide -- this plant will provide 15 jobs for between 35 and 50 people. The jobs can be 16 expected to pay at least $20,000 per person, per 17 year. A 28-million-square-foot plant will use 18 approximately 35,000 to 40,000 tons of straw per 19 year. 20 It is estimated that 35 percent of the 21 particleboard that is produced will be shipped by 22 rail. Twenty to 30 cars per year will be coming up 23 the line carrying glue or a binding agent. And it 24 has been told to us through several studies that we 25 have done that it's 30 percent cheaper bringing 179 HEDRICK COURT REPORTING COX P.O. BOX 578, BOISE, ID 83701 Public 1 the -- or, carrying the particleboard by rail versus 2 truck. 3 That's my second hat. 4 My third hat is the Save the Camas 5 Prairie Railroad Committee is requesting the Surface 6 Transportation Board to reject Camas Prairie 7 RailNet's abandonment of the Spalding-Grangeville 8 line, and we have circulated Petitions throughout 9 this region for people to sign and especially to 10 make comments relative to highway safety and 11 economic development, and I would like to submit 12 these to the Commission. And these -- right here is 13 511 signatures, but we have lots more out there and 14 we will get those to you later. 15 COMMISSIONER KJELLANDER: Thank you. 16 THE WITNESS: Thank you for the 17 opportunity. 18 COMMISSIONER KJELLANDER: Appreciate 19 your testimony. If you'd wait a moment to see if 20 there's some questions -- 21 Any questions from Mr. Millward? 22 MR. MILLWARD: Yes, Mr. Chairman. 23 24 25 180 HEDRICK COURT REPORTING COX P.O. BOX 578, BOISE, ID 83701 Public 1 CROSS-EXAMINATION 2 3 BY MR. MILLWARD: 4 Q. I just have one question for you, 5 Ms. Cox: 6 I think it was in 1988 I had the 7 opportunity of coming up here on a Idaho Legislative 8 Northern tour. We came upon a train, Union 9 Pacific's train. I think some of the past Senators 10 and Representatives that are here today were -- I 11 had the opportunity to accompany them on it. 12 But I hope that you do have the -- or, 13 are successful in keeping this line, because I am a 14 locomotive engineer on the Union Pacific Railroad in 15 my daily life and I've covered I think either by 16 high rail or train every foot of this state, and 17 there is not a beautiful line than what you have 18 here, and I wish you all the success. 19 A. Thank you. 20 COMMISSIONER KJELLANDER: Mr. Howell. 21 MR. HOWELL: Just a couple, 22 Mr. Chairman. Thank you. 23 24 25 181 HEDRICK COURT REPORTING COX (X) P.O. BOX 578, BOISE, ID 83701 Public 1 CROSS-EXAMINATION 2 3 BY MR. HOWELL: 4 Q. Ms. Cox, do you know how much the 5 speeders pay the Railroad for the right to be on the 6 tracks? 7 A. I was talking to Chris Faldo 8 (phonetic), who is the gentleman that's in charge of 9 this particular speeder car tour that is here in the 10 region right now, and on this particular tour, he 11 estimates it's going to be between 5,000 and $7,000 12 to Camas Prairie RailNet. 13 Q. Okay. On the -- your testimony on 14 your last hat talked about the straw production 15 plant. Do you know what the production -- average 16 production of such a plant would be as far as straw 17 particleboard? 18 A. Let's see. I think it's -- oh, I'm 19 not sure what the production will actually be. I 20 just know how much we'll be using. 21 Q. I guess what I'm getting at: If 22 they're going to use 20 to 30 rail cars of glue, I'm 23 wondering how much product they will be shipping out 24 on the line. 25 A. I don't have those numbers right 182 HEDRICK COURT REPORTING COX (X) P.O. BOX 578, BOISE, ID 83701 Public 1 here. Sorry. 2 Q. Thank you. No further questions. 3 4 CROSS-EXAMINATION 5 6 BY MR. HEFFNER: 7 Q. Ms. Cox, I have one -- two questions: 8 One, when would this plant come 9 on-line? 10 A. Right now we're just in the planning 11 stage, and the folks that we're dealing with out of 12 Wisconsin are trying to get -- we are trying to get 13 financing because it works as a type of a co-op so 14 that when -- what they're wanting to do is that they 15 will actually finance the production of the 16 particleboard, you know, getting the particleboard 17 plant built; and then it is my belief that they 18 would pay the farmers 28 -- this is projection, of 19 course -- but $28 per ton for the straw, and $10 of 20 that would actually be cash and $18 in the first 21 three -- this is in the first three years -- $18 of 22 the $28 would be taken out, given to them in stock 23 for the company itself. Hopefully most of that 24 would be just to give them some incentive to use the 25 particleboard plant so that we would at least know 183 HEDRICK COURT REPORTING COX (X) P.O. BOX 578, BOISE, ID 83701 Public 1 that there's going to be straw in years to come. 2 Q. Do you think the company would be in a 3 position to guarantee a certain amount of freight, 4 or is that kind of a premature question? 5 A. It might be a little bit premature, 6 but we did talk about that because I did explain to 7 this gentleman that we are in the middle of this 8 abandonment issue, and his belief is that we 9 definitely would -- he definitely would use the rail 10 line. And I really -- I'm not speaking for him by 11 any means, but just by the things that he has said 12 is it would be something that they are looking at. 13 Q. Thank you. 14 COMMISSIONER KJELLANDER: Any 15 questions from the Commission? 16 Thank you for your testimony. 17 THE WITNESS: Thank you. 18 (The witness left the stand.) 19 COMMISSIONER KJELLANDER: Bill Flory. 20 21 22 23 24 25 184 HEDRICK COURT REPORTING COX (X) P.O. BOX 578, BOISE, ID 83701 Public 1 BILL FLORY, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Could you state your name and spell 9 your last for the record? 10 A. Bill Flory, F-L-O-R-Y. 11 Q. And can you give us an address, 12 Mr. Flory? 13 A. Route 2, Culdesac, Idaho. 14 Q. And are you representing anyone 15 tonight? 16 A. Yes, I am, the Idaho Grain Producers 17 Association. 18 Q. All right. Please give us your 19 statement. 20 THE WITNESS: Thank you, Mr. Chairman 21 and members of the PUC. 22 I am a local farmer, representing the 23 Idaho Grain Producers, and pleased to have Idaho's 24 regulatory agency -- the IPUC -- here to hear some 25 of the concerns and what I consider to be 185 HEDRICK COURT REPORTING FLORY P.O. BOX 578, BOISE, ID 83701 Public 1 opportunities, so I'd like to do three things 2 tonight: First of all, issue a message to the 3 owners; two, talk about differences and similarities 4 of other abandonments I'm familiar with in a general 5 sense across the US; and, three, talk about economic 6 consequences past, present, and future. So we'll do 7 that in that order. 8 Counsel Heffner, as a businessman to 9 businessman, I'd like -- I'd appreciate if you'd 10 deliver to your employers the fact that they enjoy 11 the public trust as a monopoly, and thus have what I 12 consider to be the responsibility to examine all -- 13 and underline "all" -- the alternatives before 14 removing the most economical way to move ag and 15 ag-related products in this region. 16 The second thing I'm extremely happy 17 about is that they're not making decisions on my 18 farm. 19 Now, to go to point two, differences 20 and similarities of other abandonments that I am, in 21 general, familiar with, I've seen other abandonments 22 with similarities in Montana, North Dakota, and 23 Kansas. All were based on, one, a cost of 24 operations increasing; B, declining production area 25 bases. That means CRP, less production of ground 186 HEDRICK COURT REPORTING FLORY P.O. BOX 578, BOISE, ID 83701 Public 1 and less producing acres in their market area, 2 expanding pasture for cattle or grazing, and/or 3 declining timber availability. 4 I've also seen increasing maintenance 5 costs of track and property. And these certainly 6 apply to a number of abandonment cases in general, 7 but there is some distinct differences here that I 8 think have been highlighted that need to be 9 specifically delineated: First of all, historic 10 perspective, and the second one is the fact that 11 traffic is actually increasing on this line, not 12 decreasing. Those are distinct differences. 13 The Railroads I'm familiar with and 14 have seen and heard about have had little 15 abandonment cases, little or no historic scenic 16 value except to the cows or the cars that they may 17 pass by. This Railroad has both historic and scenic 18 value yet to be fully recognized or valued. 19 The case in point, dinner, gambling, 20 cruise-ship-connected tours -- when I say "cruise 21 ship," I talk about the people out in the area that 22 come up the -- up the Columbia from Portland and 23 dock here -- certainly would be a great option. The 24 region -- you talk about regional economic 25 development. There's really nothing better, as has 187 HEDRICK COURT REPORTING FLORY P.O. BOX 578, BOISE, ID 83701 Public 1 been delineated by other people before me. 2 And the scooter cars tour returning 3 from last year that is completing its return trip 4 from Grangeville today: Ask any of them about the 5 tour and this canyon. It's absolutely fantastic. 6 And they'll tell you about it, gauged by their 7 return. This whole thing is a sales force 8 management dream come true and tremendous 9 opportunity. 10 Second of all, let's talk about the 11 other major difference between this and some other 12 abandonments, and that's increasing -- I underline 13 "increasing" -- traffic with efficiencies in 14 competition built in. In all of -- all of the 15 situations that I've seen where abandonment was 16 considered, this is the only one where traffic was 17 actually increasing and there was a willingness of 18 noncaptive -- and I underline "noncaptive" -- 19 shippers to upgrade, modernize facilities, and 20 access the Railroad. 21 So this is really not a typical 22 abandonment, not that it makes any difference, but 23 in the -- in the whole scheme of things, it makes 24 quite difference. 25 Second part of this, I'd like to talk 188 HEDRICK COURT REPORTING FLORY P.O. BOX 578, BOISE, ID 83701 Public 1 about the economic considerations. In 1993, 2 Lewiston Grain Growers spent $523,470 in a 3 commitment to a unit train-loading facility that 4 included the overhead trough and -- that goes over 5 the highway from the concrete elevator -- and the 6 spur lines and the setting the footings for those 7 spurs, and actually putting them in from the main 8 line was expensive. That is a local capital 9 commitment, and a turnaround from the 1988 10 management philosophy of Lewiston Grain Growers that 11 a replacement elevator that replaced a burnt one 12 needed to be on deeded ground, not on Railroad 13 ground, away from the tracks because of abandonment 14 was imminent, it was any day, 1988. 15 I was Board Chairman of Lewiston Grain 16 Growers then. Management hammered into us that 17 Railroad was going to abandon any moment and had 18 that elevator on deeded ground away from the 19 Railroad was in our best interest long-term. But 20 five years later, they spent $523,000 of local money 21 in a major commitment to the Railroad with no 22 strings attached. Certainly, the co-op and their 23 patrons could have foregone rebuilding and pocketed 24 the insurance proceeds of a little better than 25 $1.352 million, but they didn't. And they did this 189 HEDRICK COURT REPORTING FLORY P.O. BOX 578, BOISE, ID 83701 Public 1 for the future of the industry and their owners. 2 So what that comes down to is $930,000 3 above the insurance proceeds were spent, were 4 committed. These are local funds. They didn't come 5 out of the Chicago or St. Louis. These were local 6 funds at that point in time in a commitment, a 7 majority of which that money above the insurance 8 proceeds was for a unit train-loading facility. 9 Now, there's been a lot of discussion 10 tonight about salvage value and net liquidation 11 value, and the same thing applies to these 12 commitments that have been made locally. There are 13 also a number of other commitments that have been 14 made by other entities not as large, and there's one 15 pending in Fenn right now waiting for upgrading a 16 elevator along the rail line to load rail cars, but 17 they're waiting to see what the future of this line 18 is. So, the salvage value, liquidation value, 19 applies here, and it applies in as dramatic, if not 20 more dramatic, form than it does to the Railroad. 21 Abandonment may seem to be the best 22 option for the Camas Prairie, but until all the 23 variables are examined and while the Railroad demand 24 potential is increasing, it's premature at best. 25 Thank you. 190 HEDRICK COURT REPORTING FLORY P.O. BOX 578, BOISE, ID 83701 Public 1 COMMISSIONER KJELLANDER: Are there 2 questions from Mr. Heffner? 3 MR. HEFFNER: Yes, sir. 4 5 CROSS-EXAMINATION 6 7 BY MR. HEFFNER: 8 Q. You may have heard me ask a number of 9 other witnesses if their companies or organizations 10 would be willing to either to commit to traffic or 11 to purchase the line, and do you know if your 12 organization would be willing to work in that 13 direction? 14 A. Our organization probably would not, 15 per se, but I know the importance of this line to a 16 number of individuals as myself who produce, you 17 know, 1,000 to 2000 tons of malt barley a year and 18 it's critical to our operation to have access to 19 this. I know there's a number of us who have 20 expressed some initial thought of potentially, you 21 know, seeing the value and investing in this for our 22 own longevity and competitive advantage. 23 I would say that the Shippers Council 24 would be -- I know there's been some discussion. I 25 know the shippers would be approachable on this, and 191 HEDRICK COURT REPORTING FLORY (X) P.O. BOX 578, BOISE, ID 83701 Public 1 I think that -- I think, as indicated earlier, that 2 time is coming for that discussion to happen. 3 Q. Well, I'm certainly happy to exchange 4 business cards or assist in any way. 5 A. Certainly. I think -- and as I look 6 across the front row here, I see about $750 an hour 7 being tagged on to this process, you know, and maybe 8 it's -- maybe it's more than that, maybe it's less 9 than that. I see 300 over here and I see 150 -- oh, 10 I see zero. 11 Anyway I look at limited resources -- 12 that's subject to debate -- I look at limited 13 resources for the industry and for a fledgling, 14 struggling economy, and I think expeditious 15 solutions are needed. 16 Q. Thank you. 17 COMMISSIONER KJELLANDER: Mr. Howell. 18 MR. HOWELL: No questions. 19 COMMISSIONER KJELLANDER: Mr. Millward. 20 MR. MILLWARD: I've already been 21 insulted. No questions. 22 COMMISSIONER KJELLANDER: Commissioner 23 Smith. 24 THE WITNESS: Going, going gone. 25 192 HEDRICK COURT REPORTING FLORY (X) P.O. BOX 578, BOISE, ID 83701 Public 1 EXAMINATION 2 3 BY COMMISSIONER SMITH: 4 Q. Yes, Mr. Flory, I guess "expeditious" 5 is a key word here, because the Surface 6 Transportation Board procedure is on a tight time 7 line. And in your business, this is the busy time 8 of the year, isn't it? 9 A. Well, as marketing goes on year-round, 10 shipping of unit trains from the Prairie to Lewiston 11 in a very competitive rate goes on year-round even 12 though there's no harvest going on, but that is 13 coming soon. Also, malt barley shipping goes on 14 year-round, and for us, whether it's barge or 15 whether it's rail, dependable, reliable delivery of 16 products to market upon demand is essential to our 17 future. 18 Q. Well, given that this is, what, 19 June 19th, and the STB is going to decide this by 20 September 10th or thereabouts, do you think there's 21 time under -- to put together, have the negotiations 22 and discussions that are necessary that you were 23 discussing? 24 A. Certainly, I don't have an answer for 25 that, but I cannot imagine that if some serious 193 HEDRICK COURT REPORTING FLORY (Com) P.O. BOX 578, BOISE, ID 83701 Public 1 negotiations and some dialogue was occurring that 2 that couldn't be dialed into that time schedule. 3 Q. Okay. Would it help if the Railroad 4 withdrew its abandonment Application to give those 5 time to engage in those discussions? 6 A. I'm sure. And you asked that question 7 before, and I still agree that that would be an 8 advantage, but good-faith negotiations and the quick 9 time line around those would be essential, you 10 know. Whether it can actually be -- whether 11 abandonment could be forestalled or not, I don't 12 know. 13 Q. Thank you. 14 COMMISSIONER KJELLANDER: Thank you 15 very much for your testimony. 16 THE WITNESS: Thank you. 17 (The witness left the stand.) 18 COMMISSIONER KJELLANDER: Mr. Thomas 19 Eier. 20 21 22 23 24 25 194 HEDRICK COURT REPORTING FLORY (Com) P.O. BOX 578, BOISE, ID 83701 Public 1 THOMAS E. EIER, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Could you state your full name and 9 spell your last for the record, please? 10 A. Yes. I'm Thomas E. Eier, E-I-E-R, at 11 219 Twenty-first Avenue in Lewiston, Idaho. 12 Q. And do you represent any entity or 13 organization? 14 A. Yes, I do. 15 THE WITNESS: I thank you for 16 allowing -- I wrote this out waiting, so it's a 17 little better -- thank you for allowing me to 18 testify. I'm a member of the Clearwater Snake Lewis 19 Clark Centennial Committee. I'm the Vice Chairman 20 of the Clearwater Canoe Camp Club. 21 The Lewis Clark Bicentennial will 22 bring several million visitors to Region 2. To 23 date, tourism has not been addressed by the Camas 24 Prairie RailNet in their Application for 25 abandonment. Before abandonment is allowed, the 195 HEDRICK COURT REPORTING EIER P.O. BOX 578, BOISE, ID 83701 Public 1 Camas Prairie counties and towns should be allowed 2 to explore forming a 501C3 nonprofit corporation to 3 purchase the line. Forty speeder cars paid $60 each 4 to run their cars on the entire line this week. 5 That's $24,000 for 40 cars in four days. Today, 6 Monday, the Camas Prairie RailNet canceled a freight 7 train to Craigmont so the speeders could pass by 8 this very building. That is the impact of tourism 9 dollars that can have on supplementing the 10 maintenance of the Grangeville Camas Prairie line. 11 Our malt barley shippers making Budweiser cannot pay 12 all the maintenance costs. The tourism dollars can 13 be factored in to help support the shippers only if 14 we can come to the table with the RailNet owners. 15 There are three cruise ship lines 16 docking in Lewiston each week. There's over 600 17 tourists per week that can be identified to be 18 potential passengers on a tourist train. Before you 19 abandon the line, the tourists should have a chance 20 to save the line. 21 I ask that the IPUC oppose abandonment 22 of the Camas Prairie RailNet incorporated rail line 23 from Spalding to Grangeville. 24 COMMISSIONER KJELLANDER: Thank you 25 for your testimony. 196 HEDRICK COURT REPORTING EIER P.O. BOX 578, BOISE, ID 83701 Public 1 Are there questions from the 2 Commission? 3 COMMISSIONER SMITH: Thank you. 4 THE WITNESS: Okay. 5 COMMISSIONER KJELLANDER: Thank you 6 very much. 7 (The witness left the stand.) 8 COMMISSIONER KJELLANDER: We'll call 9 Dennis Tanikuni. 10 11 DENNIS TANIKUNI, 12 appearing as a public witness, being first duly 13 sworn, was examined and testified as follows: 14 15 THE WITNESS: Chairman Kjellander, 16 Commissioner Smith, Commissioner Hansen, ladies and 17 gentlemen, thank you for the opportunity to testify 18 before you this evening. 19 I'm Dennis Tanikuni, the Assistant 20 Director of Public Affairs of the Idaho Farm Bureau 21 Federation. We're comprised of 50,000 member 22 families, and are the largest general agriculture 23 organization in Idaho. 24 I've come to Craigmont tonight to 25 express the Farm Bureau's support of the efforts of 197 HEDRICK COURT REPORTING TANIKUNI P.O. BOX 578, BOISE, ID 83701 Public 1 the Save the Camas Prairie Railroad Committee, 2 elected officials, business concerns, other 3 organizations and individuals who are working to 4 keep the Camas Prairie RailNet operating on the 5 Camas Prairie. 6 The Camas Prairie RailNet is a vital 7 element of the North Central Idaho economy, moving 8 goods and raw products in and out of the Camas 9 Prairie. Abandonment of the Camas Prairie RailNet 10 may produce significant negative impact. Most of 11 those have been highlighted by previous speakers, 12 but I'd like you to consider some facts. 13 For instance, Lewis and Idaho counties 14 produce approximately eight million bushels of wheat 15 each year. Four million of those bushels -- 16 50 percent -- are shipped by rail. A significant 17 amount of the four million bushels not shipped by 18 rail is produced near Nez Perce, Idaho, where no 19 rail service is available. It's our understanding 20 that wheat producers in that area are apparently 21 looking for ways to transport more of their product 22 by rail. 23 The significance of the malt barley 24 industry has been discussed at length this evening 25 by other witnesses. I think we have to keep in mind 198 HEDRICK COURT REPORTING TANIKUNI P.O. BOX 578, BOISE, ID 83701 Public 1 that 100 percent of the Lewis and Idaho counties' 2 malt barley that is sold for malting is transported 3 by rail, and that 80 percent of Lewis and Idaho 4 counties' barley production is malt barley. 5 The affect on the grain industry alone 6 will be extremely significant. The area's lumber 7 industry will be impacted, as will others. Growers, 8 shippers, and other commodity producers have worked 9 with the Camas Prairie RailNet to find ways to 10 increase outgoing rail shipments. It's the Farm 11 Bureau's sincere hope that these discussions 12 continue, even as the abandonment process 13 progresses. 14 We are intrigued that after only two 15 years of ownership in an environment of increasing 16 real and potential shipments, Camas RailNet has 17 declared the line unprofitable and applied for 18 abandonment. During the first year of operation -- 19 1998 -- Camas RailNet moved 2,100 cars off the Camas 20 Prairie. 2,145 cars were shipped in 1999. Because 21 of increased shipper awareness and cooperation, an 22 estimated 3,000 cars will be shipped in the year 23 2000. It is for this reason that the Farm Bureau 24 encourages the Idaho Public Utilities Commission to 25 deny abandonment of the Camas Prairie RailNet. 199 HEDRICK COURT REPORTING TANIKUNI P.O. BOX 578, BOISE, ID 83701 Public 1 We think that there are collateral 2 issues that must be discussed during this process. 3 Rights and responsibilities of all parties must be 4 determined and publicized. Landowners adjacent to 5 the rail corridor must determine the nature of their 6 property rights and how they will be treated if the 7 Camas Prairie RailNet is abandoned. Landowners with 8 reversionary property rights must be notified and 9 adequately compensated. 10 In closing, the Farm Bureau requests 11 denial of the Camas Prairie RailNet's abandonment 12 Application. It encourages the Save the Camas 13 Prairie Railroad Committee, the Camas Prairie 14 RailNet, and others, to find a means to maintain and 15 retain this vital transportation link. The Idaho 16 Farm Bureau supports these efforts and will be happy 17 to assist in a mutually-satisfactory solution to 18 this issue. 19 Thank you again for the opportunity to 20 appear before you this evening, and for conducting 21 this proceeding in the affected area. 22 Thank you very much. 23 COMMISSIONER KJELLANDER: Are there 24 questions? Let's begin with Mr. Millward. 25 MR. MILLWARD: No. 200 HEDRICK COURT REPORTING TANIKUNI P.O. BOX 578, BOISE, ID 83701 Public 1 COMMISSIONER KJELLANDER: Mr. Howell. 2 MR. HOWELL: No questions. Thank you. 3 COMMISSIONER KJELLANDER: And 4 Mr. Heffner. 5 MR. HEFFNER: Just, sir, how do you 6 spell your last name? 7 THE WITNESS: T-, as in Tom, 8 A-N-I-K-U-N-I. 9 I'm well-practiced at that. 10 MR. HEFFNER: Thank you. 11 THE WITNESS: Thank you. 12 COMMISSIONER KJELLANDER: Questions 13 from the Commission? 14 COMMISSIONER SMITH: No, thank you. 15 COMMISSIONER KJELLANDER: We've none. 16 Thank you for your testimony. 17 (The witness left the stand.) 18 COMMISSIONER KJELLANDER: Shelley 19 Kuther. 20 21 22 23 24 25 201 HEDRICK COURT REPORTING TANIKUNI P.O. BOX 578, BOISE, ID 83701 Public 1 SHELLEY KUTHER, 2 appearing as a public witness, being first duly 3 sworn, was examined and testified as follows: 4 5 EXAMINATION 6 7 BY MR. HOWELL: 8 Q. Would you please state your full name 9 and spell your last for the record, please? 10 A. My name is Shelley Kuther, 11 K-U-T-H-E-R. 12 Q. And do you have an address for us? 13 A. Box 96, Craigmont, Idaho. 14 Q. And do you represent an entity or 15 organization? 16 A. I am with the Craigmont unit of the 17 Lewis County Historical Society. 18 Q. Please give us your statement. 19 THE WITNESS: The Craigmont unit of 20 the Lewis County Historical Society believes that 21 there are other values at stake in addition to the 22 financial ones in abandoning the Lewis -- the Camas 23 Prairie Railroad. The abandonment will have a 24 negative historical impact on this area. 25 The building of the line, and 202 HEDRICK COURT REPORTING KUTHER P.O. BOX 578, BOISE, ID 83701 Public 1 especially of Lawyers Canyon trestle, was quite a 2 feat of engineering for that time. It was built as 3 the highest steel bridge in the United States, and 4 the second highest bridge in the world. 5 According to the 1982 Idaho bridge 6 inventory by Rebecca Herbst (phonetic) and position 7 of the Idaho State Society -- and I quote -- The 8 construction of this line was one of the most 9 impressive engineering achievements of its time. 10 The Railroad is particularly notable for the number 11 of original bridges remaining intact along the 12 length of its line. The Lawyers Canyon viaduct is 13 the most outstanding among these, and represents a 14 significant accomplishment in the history of bridge 15 engineering. End quote. 16 The builders of Lawyers Canyon 17 bridge -- the American Bridge Company -- had to 18 depart from the established standard used to build 19 this type of structure, and a specifically designed 20 derrick car was used to put the steel in place. The 21 derrick car moved over each tower as it was 22 completed to begin construction of the next tower. 23 The spans between the six highest towers exceeded 24 the length of the boom on the derrick car, so a 25 special technique was developed to construct those 203 HEDRICK COURT REPORTING KUTHER P.O. BOX 578, BOISE, ID 83701 Public 1 towers. It is unknown if this technique was ever 2 used anyplace else. There were other trestles built 3 on this line, but none of them presented the same 4 kind of engineering challenge as the Lawyers Canyon 5 bridge. 6 Large numbers of workers were needed 7 to complete the Railroad. Italians were one of the 8 nationalities who worked to build this line. In the 9 Reubens area, it is reported that dago ovens may 10 still be found. These are hollow, round, 11 beehive-shaped structures built out of stones in 12 which the Italians are said to have cooked. 13 According to the memories of one 14 old-timer, the Italians were the cleanup labor on 15 the Lawyers Canyon bridge and they lived in dugouts 16 on the canyon floor. Perhaps if one knew where to 17 look for these, they might still be found. Maybe 18 these are the archaeological properties that were 19 mentioned earlier this evening. 20 In 1908, Lillian Bell began taking 21 pictures of the line from Culdesac to Grangeville. 22 She rode her horse to a vantage point often high 23 above the tracks to take her photos. Some of these 24 were then sent to Germany to be colorized, which was 25 a fairly new process at that time. 204 HEDRICK COURT REPORTING KUTHER P.O. BOX 578, BOISE, ID 83701 Public 1 These are samples of Lillian Bell's 2 photos. 3 "Aunt Lil," as her family called her, 4 may have been one of the first women in the 5 United States to capture the beginning of a 6 railroad, and certainly she was the first in this 7 area. 8 Mailing May is a children's book about 9 a five-year-old girl who was mailed from Grangeville 10 to Lewiston in 1914. Apparently, Mary -- 11 May Pierstorff was the only human being ever to be 12 mailed, and this event has gained national 13 attention. Articles about it have appeared in a 14 national stamp magazine and in the L. M. Boyd trivia 15 column which appears next to the funnies in many 16 papers. 17 The engineer of the first train to 18 cross Lawyers Canyon bridge on December 9, 1908, was 19 recorded by the Idaho County Free Press to have 20 received extra pay in the amount of 1,000 to $2,000, 21 a princely sum for those days. Evidently, they 22 thought the bridge would not hold up or the train 23 would fall off. The passengers on that train 24 received a metal commemorating that event. 25 Evidently, when the Railroad went 205 HEDRICK COURT REPORTING KUTHER P.O. BOX 578, BOISE, ID 83701 Public 1 through Ilo and Vollmer, which is now Craigmont, 2 work started on the line between the two towns and 3 Nez Perce. Apparently, this line was finished by 4 the summer of 1910, as a ribbon commemorating the 5 opening of the Nez Perce Railroad has been found 6 sewn into a quilt that is approximately ninety years 7 old. It makes up one of the quilt blocks. 8 Evidently, when the first train came 9 from Grangeville and when the first train came from 10 Nez Perce, those people felt that this was something 11 historic that needed to be commemorated with some 12 sort of an item, either the medallion, or the 13 ribbon. 14 In 1989, the Craigmont unit of the 15 Lewis County Historical Society started paperwork to 16 put Lawyers Canyon bridge on the National Register 17 of Historic Places. At that time, we received a 18 letter from the Idaho State Historical Society, 19 stating that the bridge was, indeed, eligible; 20 however, it did not make it onto the National 21 Register. You heard testimony earlier about a 22 letter stating the criteria under which the bridge 23 was eligible. 24 The Historical Society feels that an 25 irreplaceable part of the history of this area would 206 HEDRICK COURT REPORTING KUTHER P.O. BOX 578, BOISE, ID 83701 Public 1 be lost if these tracks are abandoned and sold for 2 salvage. 3 That completes my testimony. 4 COMMISSIONER KJELLANDER: Are there 5 questions? From the Commission? 6 COMMISSIONER SMITH: No. 7 COMMISSIONER KJELLANDER: I may need 8 that book in a few years: My kids are just learning 9 how to talk; we're looking for options. 10 Thank you very much for your 11 testimony. 12 THE WITNESS: Thank you very much. 13 (The witness left the stand.) 14 COMMISSIONER KJELLANDER: Mark Benson. 15 Did we lose Mark Benson? 16 17 MARK BENSON, 18 appearing as a public witness, being first duly 19 sworn, was examined and testified as follows: 20 21 EXAMINATION 22 23 BY MR. HOWELL: 24 Q. Good evening, sir. Could you please 25 state your name and spell your last for the record? 207 HEDRICK COURT REPORTING BENSON P.O. BOX 578, BOISE, ID 83701 Public 1 A. Mark Benson, B-E-N-S-O-N. 2 Q. And do you have an address? 3 A. P.O. Box 1388, Lewiston, Idaho. 4 Q. And are you representing any entity or 5 organization? 6 A. I am representing Potlatch 7 Corporation. 8 Q. Please give us your statement. 9 THE WITNESS: Potlatch Corporation is 10 a diversified forest products company headquartered 11 in Spokane, Washington. We have significant 12 holdings in Northern Idaho, including a pulp and 13 paperboard and tissue manufacturing complex, two 14 plywood mills, two sawmills, a particleboard plant, 15 and approximately 670,000 acres of forest land. The 16 pulp, paperboard, and tissue manufacturing complex 17 located at Lewiston, plywood mill located at JP near 18 Pierce, and several hundred thousand acres of timber 19 land are serviced by the Camas Prairie RailNet. 20 Though Potlatch has no business 21 operations on the Spalding-Grangeville line, I 22 believe we are Camas Prairie's largest customer and 23 have a very direct interest in CSPR's large strategy 24 for rationalizing its railroad, especially for those 25 lines east of Lewiston. 208 HEDRICK COURT REPORTING BENSON P.O. BOX 578, BOISE, ID 83701 Public 1 Our plywood mill at JP and a log rail 2 transfer out at that same location are very 3 dependent upon CSPR operations. Our concern, and 4 frankly our fear, is that the Grangeville-Spalding 5 abandonment is simply the first in a series of 6 abandonment Applications, with the Kamiah and JP 7 branches perhaps next for consideration. If such is 8 the case, the eventual impact on affected 9 communities could devastating. 10 We have two primary concerns about the 11 Application being considered here: 12 First, the loss of rail service will 13 increase demand for truck service in the region and 14 will undoubtedly affect truck availability and rates 15 from our plants in JP and in Lewiston. 16 And, secondly, we're concerned, as I 17 said before, that the Grangeville Application is 18 simply the opening salad bowl for future abandonment 19 proceedings that will have a direct impact on 20 Potlatch operations. 21 Because of the relatively remote 22 location of plants from the Camas Prairie line, rail 23 service is often the only viable transportation 24 option available to reach distant markets. Loss of 25 rail service will cause those who have located their 209 HEDRICK COURT REPORTING BENSON P.O. BOX 578, BOISE, ID 83701 Public 1 businesses along this rail line to lose 2 competitiveness with other shippers that do have 3 access to rail service. 4 We believe that the Idaho Public 5 Utility Commission should participate in the 6 proceeding before the Surface Transportation Board 7 to protect the interests of the affected shippers in 8 this region. Potlatch Corporation hereby requests 9 your participation in these proceedings. 10 Thank you. 11 COMMISSIONER KJELLANDER: Mr. Millward. 12 Mr. Howell. And, Mr. Heffner. Commissioners? 13 Thank you for your testimony. 14 THE WITNESS: Thank you. 15 (The witness left the stand.) 16 COMMISSIONER KJELLANDER: Gary Hanes. 17 MR. GARY HANES: Mr. Chairman, my 18 testimony was taken care of by Lori Cox. Thank you. 19 COMMISSIONER KJELLANDER: Thank you 20 again for attending. 21 Jim Babb. 22 A VOICE: I think Jim's was also taken 23 care of by Ms. Cox. 24 COMMISSIONER KJELLANDER: Is Mr. Babb 25 here? No? Okay, he must have left. 210 HEDRICK COURT REPORTING COLLOQUY P.O. BOX 578, BOISE, ID 83701 1 And, Mick Kinzer. 2 A VOICE: He left. 3 COMMISSIONER KJELLANDER: He left. 4 Okay. Thank you. 5 That exhausts our list. Is there 6 anyone else who would like to testify who has not 7 had an opportunity yet to sign up? 8 Well, at this point, I want to thank 9 everyone for participating tonight; and as a 10 Commission, we'll be taking your comments and any 11 written statements under consideration as we begin 12 our deliberation on this matter. I believe that 13 there is still a very short window of opportunity if 14 you want to submit additional written comments to 15 the Commission. I believe that the Commission needs 16 to make a Decision sometime in the very near future 17 to meet the STB requirements, so I wouldn't wait 18 much longer than a couple of days if you want to 19 submit additional written comments. 20 With that, this public hearing is 21 adjourned, and if the other parties would like to 22 remain, we'll continue with the technical hearing 23 that we started at 3:30 and hope that the building 24 lights stay on until we're finished. 25 So, we are adjourned. 211 HEDRICK COURT REPORTING COLLOQUY P.O. BOX 578, BOISE, ID 83701 1 (The hearing adjourned at 2 9:30 p.m.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 212 HEDRICK COURT REPORTING COLLOQUY P.O. BOX 578, BOISE, ID 83701