20200317Telephonic Hearing Transcript Vol I.pdf

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CSB REPORTING
Certi/ied S horthand Reporters
Post Office Box9774
Boise,Idaho 83707
csbreporti n [e-mail]
Ph: 208-890-5198 Fax: l-888-623-6899
Reporter:
Constance Bucy,
CSR
BEFORE THE TDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE NOT]CE OF
EASTERN IDAHO RAILROAD LLC FOR
APPROVAL TO ABANDON A 0.76-MILE
SECTION OE ITS RAIL LINE IN
BONNEVILLE COUNTY, IDAHO
CASE NO. EIR-R-20*01
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COMMISSIONER PAUL KJELLANDER (presiding)
COMMISSIONER KRISTINE RAPER
COMMISSIONER ERIC ANDERSON
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PLACE:Commission Hearj.ng Room
11331 West Chinden B1vd.Building 8, Suite 201-ABoise, Idaho
DATE:March 10, 2020
VOLUMEI-Pagesl-9
I ORIGINAL
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208.890. s198
A P P E A R A N C E S.
For the Staff:,fOhn R. Harrr'aOndr ESq.
Deputy Attorney General
11331 West Chinden Bl-vd.Building 8, Suite 207-ABoise, Idaho 83120
For Eastern IdahoRailroad LLC:
Robert A. Ilinbish, Esq.Eletcher & Sippel LLC
29 N. Wacker Drlve, Suite 800Chicago, Illinois 60606
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APPEARANCES
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INDEX
WITNESS EXAMINATION BY PAGB
Charles Montange Statement 4
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CSB REPORTING
208.890.5198
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BOISE, IDAHO,TUESDAY, MARCH 10, 2020, 2:00 P. M
COMMISSIONER KJELLANDER :
afternoon. This is the time and place
alsohearing in Case No. EIR-R-20-01,it's known as in
the matter of the notice of Eastern Idaho Rail-road LLC
for approval to abandon a 0.76-mile section of its rail_
line in Bonnevil-l-e County, Idaho.
My name is Paul- Kjellander. I'l-1 be
chairing today's proceedings. Joining me today are
Commissioners Eric Anderson and Commissioner Kristine
Raper. The three of us comprise the Commission and
ul-timately we will rul-e on any decision that comes forth
from the specific case and from this required public
hearing.
As a matter of note, oD February 14th of
2020, Eastern Idaho Railroad LLC (EIRR) filed
correspondence with the Commission providing notice of
its intent to abandon a portion of its rai-l-road line in
Idaho. Specifically, EIRR proposes to abandon
approximately a 0.76-mi1e segment of railroad known
generally as the Old Butte Main Line in Idaho FalJ-s,
Bonnevil-le County, Idaho. ft's also referred to as the
"l-ine" in the document and this l-ine traverses United
Well, good
for a telephonic
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CSB REPORTING
208.890.5r_98
States Postal Servi-ce ZIP Code 83402.
As far as the authority
CommJ-ssion, the authority to grant or
rests with the Surface Transportatj-on
of this
deny abandonment
Board and that is
governed by federal- Iaw. The authority to abandon does
not rest with the Idaho Pub1ic Utilities Commission.
Instead, the IPUC has an obligation under state l_aw to
hold a public hearing regarding the abandonment and to
represent the state in Surface Transportation Board
abandonment proceedings if deemed necessary.
The specific Idaho Code is 62 Section
62-424 and it provides that the Commission shal_l schedu1e
a publlc hearing on the proposed abandonment. and this
telephonic hearing represents that mandate. The purpose
of the hearing is for the Commission to determine whether
the abandonment woul-d: One, adversely affect the area
being served; two, impair the access of Idaho shippers to
vital goods and markets; and, three, whether the rail-
line has potentj-al- for profltability. If the Commission
finds that the abandonment would be adverse to the public
theninterest based on
it may represent
Board abandonment
component of
paragraph 2.
the three items I just
the state in the Surface
mentioned,
Transportation
proceeding, and that, again, is a
Idaho Code Section 62-424, this one beJ-ng
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With that said, then, we'1l see if we have
the parties to the case. Representi-ng the Staff for the
Commission is a Deputy Attorney General, tf you could
identify yourself for the record.
MR. HAMMOND: Thank you, Mr. Chair. My
name is John Hammond, Deputy Attorney General,
representing the fdaho PubIic Utilities Commission Staff
and with me today is Staff member Ron Stokes.
COMMISSIONER KJELLANDER: Thank you both'
for your attendance here today. Do we have any
representatj-ve of the Eastern Idaho Rail-road LLC on the
line?
MR. WIMBISH: Yes, you do. This is Robert
Wimbish, attorney with Fletcher & Sippel LLC in Chicago.
COMMISSIONER KJELLANDER: Thank you very
much and in the proceedi-ngs, you do have the opportunity
to cross-examine any public witnesses. I'm assumj-ng,
though, that that's likeIy not something that you'1I want
to participate in todayl however, you do have that right
if you so choose, and thank you for being on the Iine,
again. If I could, again, get you to just say your name
and spell it officially for the record.
MR. WIMBISH: Sure. Robert Wimbish,
R-o-b-e-r-t W-i-m-b-i-s-h.
COMMISSIONER KJELLANDER: And it's
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208.890. s198
4 MONTANGE
( PubIic)
Wimbish?
much, and, again, thank
With that, thenr we are
we certaj-nly
don't we get
MR. WIMBISH: Wimblsh, that is correct.
COMMISSIONER KJELLANDER: Thank you
on the line
very
today.you for being
ready for any public testimony
and with that, do we have a call-er?
MR. MONTANGE: Thj-s is Charl_es Montange.
I'm outside rail- counse1 for the City of Idaho Falls and
I think we would qualify as a for the public
testi-mony, Mr. Chairman.
COMM]SSIONER KJELLANDER :
would take public testimony
you sworn in for the record.
Certainly, and
from you, so why
appearing as
was examined
CHARLES MONTANGE,
a public witness, having been duly sworn,
and testified as follows:
COMMISSIONER KJELLANDER: Great. Could
you officially for the record please state your name and
spell it for us?
THE WITNESS : Sure . Charl_es Montange,
C-h-a-r-l-e-s. The last name is M-o-n-t-a-n-g-e, so
think of the French word for Mount Ange1, Mont Ange,
M-o-n-t-a-n-g-e. ,25
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208.890. s198
COMM] SS ]ONER KJELLANDER :
appreciate the pronunciation guide with
could al-so gi-ve us your address.
THE WITNESS: Okay, 426
SeattIe, Washington, 9811'7.
COMMISSIONER KJELLANDER :
you are Iegal counsel and represent the
correct?
THE WITNESS: Idaho Falls, that is
correct.
COMMISSIONER
WeIl, if you would, please,
THE WITNESS:
And we
that and if you
NW L62nd Street in
And you
city; is
KJELLANDER: Thank you
say that
that
the three statutory items that you
your public comment.
be very brief. As to
l-isted as within the
Commission's jurisdiction, we have nothing real1y to add.
I am here simply to note that the City of Idaho Eal-l-s has
for a number of years understood that upon the
provide
I will
availability
abandonment
much l-ike to add that to the
transportat j-on system; i. e. ,
It traverses parks and other
thought by the city to be a
acquisition.
of the 0.1 6 miles at issue here for
in post rail- use that it would reaIly very
City's non-motorized vehicle
convert it into a trail use.
trail-s in the city and is
priority item for
We have accordj-ngIy already filed in the
5 MONTANGE
( Public)
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208-890.s198
6 MONTANGE
( Public )
Surface Transportation Board proceedings, thatrs
AB-1252 (Sub-1X) , a statement of willingness, a request
for a public use condition and some general notation of
the long background of our interest. I think we have
emailed a copy of that to the Board or to the Commi_ssion,
the Idaho PUC, and if that could be incorporated into the
record, that would be great. If
procedural
well and if
fine, but I
-- Mr. Wimbish shoufd
there's a procedural
have supplied a copy
more detail-. If
there's some
have a copy by now as
problem with that, then
of that and that woul-d
jurisdiction to support that or to act consistently
therewith, we woul-d so request, but we understand if your
jurisdiction j-s 1imited.
go into a 1ittle
do have a copy
sure that that
you for that.
Let's see if
questions. Letrs l-ook first
General representing Staff .
MR. HAMMOND:
COMMISSIONER
Thank you very much.
COMMISSIONER KJELLANDER: Thank you and we
of that. I have a copy and we can make
gets incl-uded i-n the record, and so thank
the Idaho PUC has
there's any cross-examination
to the Deputy Attorney
Do you have any questions?
No, I do not.
KJELLANDER: Thank you. Mr.
Wimbish, do you have any questions?25
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208 .8 90 . s198
1 MONTANGE
( Public )
MR. WIMBISH: No questions, but simply a
comment in response, first of aII, to confirm that we
have received the City's statement of interest filed wit!
the Surface Transportation Board to pursue an interim
trails use arrangement for this line segment. As the
abandonment notice of exemption itself indicated, the
motivati-on behind this abandonment was to facilitate the
City of Idaho Fallsr trails use objectlves and we do
anticipate this week filing wlth the Surface
Transportation Board a responsive filing to the City's
request consenting to trails use negotiations at the
appropriate juncture.
COMMISSIONER KJELLANDER: WeI1, thank
We appreciate that information and thanks for helping
develop the record today.
(The witness left the stand. )
COMMISSIONER KJELLANDER: So is there
anyone else who wishes
you.
US
2115 would be the l-ast
to testify? So there is a cal-Ier
for digits, is that someone who
wishes to testify today?
MR. ANDREWS:This is Wayne Andrews. Irm
the other rail- inspector for the Commission.
COMMISSIONER KJELLANDER :
goi-ng to take that as a no. All right,
much, so there being no one el-se on the
Okay,
thank
line
SO
you
who
wetre
very
wishes25
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208.890.5198
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to testify, then, we wil-1
one more number? 8L71 r so
ends i-n 8L71?
MR. F]FE:
for us, so I don't have any
COMMISSIONER
much and thanks for joining
almost running over you. I
being on the line t.oday, so
so now I can concl-ude this
conclude the oh, we do have
is there a cal-l-er whose number
This is Randy Fife, the City
attorney, Idaho Fa1ls, Idaho. Mr
further
Montange has
testimony.
spoken
KJELLANDER: Thank you very
us today
certainly
there are
and my apologies for
appreciate you
no other ca11ers,
for those participating. It's
have parties to the case that
worked out well by the time it to us. A1so,
limited
wish you all the
are no additional-
is closed.
sessl_on by saying
rare that
to have
thank you
we actually
things
very
seemed
thank you for
j urisdiction
best in your
callersr we
recognr-zr-ng our
as it re]ates to
shows up
extremely
this. We
endeavors, and since
are adjourned and the
there
record
(The Hearing adjourned at 2274 p.m. )
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CSB REPORTING
208 .890.5198
9
AUTHENTICATION
This is to certify that the foregoing
telephonic proceedings held in the matter of the notj-ce
of Eastern Idaho Railroad LLC for approval to abandon a
0.76-mile section of its rail line in Bonneville County,
Idaho, commencing at 2200 p.m. r oo Tuesday, March 10,
2020, dt the Commission Hearing Room, 1-1331 W. Chinden
B1vd., Building 8, Suite 201-A, Boise, Idaho, is a true
and correct transcript of said telephonic proceedings and
the original thereof for the file of the Commission.
CONSTANCE
Certified
S. BUCY
Shorthand Reporter #
CONSTN,ICESBUCY
NOTARY PUBLIC. STAIE OF IDATIO
COMMISSIO{ NUMBER 12995
MY COtilUlSStoN EXPTRES 9+2024
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AUTHENTICATION