CALHOUNv1.docx

January 22, 1996
Mike Calhoun
Transportation Safety Program Specialist
Federal Railroad Administration, Ste. 425
8701 Bedford Euless Road
Hurst, TX 76053
Re: State Participation Agreement
Dear Mr. Calhoun:
In connection with our telephone conversation of January 3, 1996, I am forwarding the Idaho Public Utilities Commission’s Opinion of Counsel form for your review.  The Commission has conducted a lengthy review of its jurisdiction over private rail shippers and manufacturers in Idaho, and has concluded that it does not have the authority to conduct immediate and unannounced hazardous material (hazmat) rail inspections of rail shippers/manufacturers.  However, as we explained in our telephone conversation, the Commission plans to continue conducting voluntary and consensual inspections of shippers/manufacturers in Idaho.  Per your suggestion, we explained our proposal to Cindy Walters in the FRA General Counsel’s office.  We are waiting for a response from her.
Because shippers/manufacturers are an important part of the FRA’s uniform hazmat rail safety program, the Commission will continue to conduct safety reviews of shippers/manufacturers.  Rather than conducting immediate and unannounced inspections, the PUC believes safety reviews for shippers/manufacturers should be voluntary and consensual.  The PUC’s hazmat rail safety reviews will be scheduled in advance with telephonic or written notification to make efficient use of both our inspector’s and the shipper/manufacturer’s time.   In the event that our hazmat safety inspections reveal serious or continuing violations, then our rail inspector will notify the appropriate FRA office.  The Commission will continue to exert its full authority over rail carriers and continue its hazardous material inspections of facilities, equipment, rolling stock and operations.
If you have any questions, please contact myself or Ron Law at [phone] or 334-0330, respectively.
Sincerely,
Donald L. Howell, II
Deputy Attorney General
DLH:vld/WPvdar:Calhoun
Enc.
cc:Ron Law
Jon Kaplan, FRA Trial Attorney