GAUCHAYv1.docx

December 28, 1995
Kent W. Gauchay
Simpson, Gauchay & Gardner
PO Box 50484
Idaho Falls, ID  83405-0484
Re:  PUC Rail Inspection Authority
Dear Mr. Gauchay:
Several months ago, you inquired about the Idaho Public Utilities Commission’s authority to inspect railroad equipment utilized by V-1 Oil Company.  You also asked that the Commission provide the basis of authority for Mr. Dan Vickers’ involvement with the Federal Railroad Administration (FRA) and its attempted inspection of V-1 Oil records concerning the unloading of propane railroad cars.  This letter responds to your inquiries.
Since 1993, the Commission has participated in the FRA’s railroad safety program pursuant to the Federal Railroad Safety Act of 1970 and the Hazardous Materials Transportation Uniform Safety Act of 1990 (HMTUSA).  More specifically, the Commission participates in the FRA’s Hazardous Materials Safety Inspection Program.  Mr. Dan Vickers is the Commission’s designated state railroad (Hazmat) safety inspector.  
It is my understanding that on May 23, 1995, Mr. Vickers accompanied an FRA inspector to V-1 Oil offices in Idaho Falls.  I understand that the FRA inspector requested permission to conduct an inspection of records pertaining to the shipment of propane rail cars but the inspection was refused by V-1 Oil.  Other than introducing himself, Mr. Vickers did not engage in any discussion with V-1 Oil employees.
To the extent practical, safety regulations pertaining to the transportation of hazardous materials are to be nationally uniform and applicable to rail carriers, shippers and manufacturers alike.  The HMTUSA authorizes states to participate in the FRA’s hazardous materials safety program.  In Idaho, the Commission exercises authority over railroad carriers including facilities, equipment, rolling stock, and operations pursuant to Titles 61 and 62 of the Idaho Code.  Because shippers and manufacturers are an important part of the FRA’s uniform safety program, there may be occasions when the PUC’s inspector visits shippers and manufacturers.  Rather than conducting immediate and unannounced inspections, however, the PUC believes that safety reviews for shippers and manufacturers are voluntary and should be conducted with their cooperation.  PUC safety reviews are normally scheduled in advance with telephonic or written notification to make efficient use of both our inspectors’ and the shipper/manufacturer’s time.
If you wish to discuss this matter further, please contact me at [phone].
Best wishes for a prosperous New Year.
Sincerely yours,
Donald L. Howell, II
Deputy Attorney General
DLH/vld/L:Gauchay2
cc:RCD
OAG