20070621Hearing.pdf

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PALOUSE RIVER
& COULEE CITY RAILROAD'S INTENT TO
ABANDON 2 MILES OF RAILROAD LYING
IN MOSCOW, IDAHO.) CASE NO. PRC-R-06-
HEARING BEFORE
-~-
c:.'cO"r-
--'-;'-"'--'---
u~, :::~ N0:,
~;Cc :r~'
~: '
COMMISSIONER PAUL KJELLANDER (Presiding)
COMMISSIONER MACK REDFORD
COMMISSIONER MARSHA H. SMITH
Place:Commission Hearing Room
472 W. Washington Street
Boise, Idaho
DATE:May 29, 2007
IIJ Ii-~
HEDRICK
COURT REPORTING
teffl1f tk COM\fr~ ""fee 19l8
- -
(F;::-
r...:,
POST OFFICE BOX 578
BOISE, IDAHO 83701
208-336-9208 '
For the Staff:
ARAN
OFFICE OF ATTORNEY GENERAL
DONOVAN WALKER
Deputy Attorney General
472 W. Washington StreetBoise, Idaho 83720
EXAMINATION BY
Mr. Walker (Direct)
PAGE
Commissioner Redford
(Direct)
RICHARD BEEBE Mr. Walker (Direct)
WITNESS
ELLIS HIRE
Commissioner Redford
(Direct)
TODD GLORE Mr. Walker (Direct)
PROCEEDINGS
MAY 29, 2007
Well, good morning.COMMISSIONER KJELLANDER:
This is the time and place for public hearing in Case No.
PRC-R-06-01, also referred to as In The Matter Of The Palouse
River & Coulee City Railroad's Intent To Abandon . 2 Miles
Railroad Lying In Moscow, Idaho.
My name is Paul Kj ellander.I will be the
To my right ischairman of this morning I s proceedings.
Commissioner Mack Redford, and to my left is Commissioner Marsha
We comprise the commission and will make the finalSmi th .
determination after the record is fully developed in this case.
Let's begin by taking the appearances of the
parties.And let's begin with the representative from the
Attorney General's Office, who represents the staff of the Idaho
Public Utilities Commission.
Thank you, Mr. Chairman.My name isMR. WALKER:
Donovan Walker, Deputy Attorney General, representing the
Commission Staff.
Thank you, Mr. Walker.CHAIRMAN KJELLANDER:
Is there anyone from the railroad present?
(No response.
On the phone line, do weCHAIRMAN KJELLANDER:
have anyone on the phone line?
My name is Bob Glore.m withMR. GORE:Yes.
, 13
Ferrell Gas.
And Mr. Glore, you I re hereCHAIRMAN KJELLANDER:
for the public testimony portion of the proceeding today; is
that correct?
MR. GLORE:Yes.
Okay, thank you.CHAIRMAN KJELLANDER:
ll remind everybody that we do have the telephonic
portion of the public hearing today.And once we have gone
through the initial portion of the proceeding, we ll then open
it up for public comment for those on the public phone line.
So Mr. Glore ~ if you could just hang tight with us for
a few moments, we 'll begin with the proceedings.
Okay, let's begin then with Mr. Walker.
Thank you, Mr. Chairman.MR. WALKER:
Commission staff has one witness, Mr. Ellis Hire.I will
call him to the stand at this time.
ELLIS HIRE,
having been first duly sworn, testified upon examination as
follows:
EXAMINATION
BY MR. WALKER:
Could you, please state your name and business address
for the record?
My name is Ellis Hire.My business address is 472
West Washington Street in Boise, Idaho.
And where were you employed?
m employed with the Idaho Public Utili ties
Commission as a Rail Safety Specialist.
And what are your qualifications for that position?
I began work at the IPUC as a Rail Safety Specialist
I received my Federal Railroad Administrationin March of 2005.
Certification in August of 2005.My duties at the PUC currently
include the inspection of railroads and shippers for compliance
wi th federal and state regulations including the safe
transportation of hazardous materials, railroad grade at highway
crossing inspections, safe operations of railroads, and
reporting of inspection findings for corrective actions and
possible civil penalties.
What is the purpose of your testimony in this case
today?
To provide an eye witness account regarding the tract
and right-of-way regarding the Palouse River and Coulee City
Railroad I S Intent To Abandon 0.2 Miles Of Railroad Lying In
Moscow , Idaho.
Did you visit the site?
Yes, I did.
Could you tell us -- describe the location of the
proposed abandonment?
The rail line and right-of-way in question runsYes.
between Mile Post 85.91 and 86.11 within the city of Moscow.
The rail line proposed for abandonment generally runs between
College 8th Street and the new bridge on U. S. Highway 95 in the
And to the east of thesouthern part of downtown Moscow.
Uni versi ty of Idaho campus that is shown on the map attached to
the Notice of Abandonment and Notice of Hearing issued by the
commission.
And if I may, Mr. Chairman, IMR. DONOVAN:Okay.
have handed out to the commissioners a copy of what I s previously
been filed as the Notice of Abandonment, noting that the last
page of that document contains a photocopy of a map.And I will
be asking Mr. Ellis to refer to that.
Do you have a copy of the notice with the map?
Yes, I do.
Could you identify on that map where the proposed
abandonment is located?
In the middle of the map, Milepost 85.Yes.
College Street/8th Street are identified.Towards the bottom of
the map, the large curved road is U. S. Highway 95.And Milepost
86.11 is just across Highway 95.If you re traveling from
Milepost 85.91 to Milepost 86.11, this is the two-tenths of a
mile of line between these two mileposts that is proposed for
abandonment.
And are there any other -- are there currently any
shippers located along that section of line or right-of-way?
There are no existing shippers on this existingNo.
section of rail; however , Ferrell Gas, a rail shipper, is
currently located on the other side of Mile Post 85.91, but its
access will not be affected by this proposed abandonment.There
is also a rail line that runs parallel to this area that is not
be ing abandoned.
And does that conclude your testimony?
Yes, it does.
Mr. Ellis is available for anyMR. WALKER:
questions from the Commission.
Thank you very much.COMMISSIONER KJELLANDER:
Are there any questions from the Commission?
Just one question.COMMISSIONER REDFORD:
EXAMINATION
BY COMMISSIONER REDFORD:
Is this a spur that I s being abandoned?
This one is not a spur line.There I S actually three
One is by a pea and lentil area.The next tracktracks there.
down would be Ferrell -- the track that Ferrell Gas is on.
That's a spur line that runs backup to the main line.And then
there I S a third track that runs even kind of southeast of
Ferrell Gas.And from the 8th Street over to Highway 95 is the
line that I s being proposed for abandonment.
Is that the line -- are those lines actually being
used?
The one to Ferrell Gas, which is of course, northwest
of the abandonment, that line is being used.Currently, the pea
and lentil line is not being used.And the most southern, the
southeast line, is not being used.
Is that because the industry or the businesses have
moved away or stopped shipping by rail?
I believe most of them have stopped shipping by rail.
And Highway 95 -- they ve redone Highway 95 up there, and it
really no further goes to the east of that point.
The main line that proceeds north of there, there is
nothing to be done with that main line?
That's my understanding.
And that main line, where does it go -- to Genesee or
where?
It runs -- that would be the southeast.Its line
hasn I t been used in quite awhile out towards that area.And, of
course, back -- it runs back towards Washington.
Is there plans in the future to abandon that line?
Not that I have heard of.
I have no furtherCOMMISSIONER REDFORD:
questions.
Thank you.Are there anyCHAIRMAN KJELLANDER:
other questions?
(No response.
Thank you very much forCHAIRMAN KJELLANDER:
your testimony.
THE WITNESS:Thank you.
CHAIRMAN KJELLANDER:And that concludes your
case, Mr. Walker?
MR. WALKER:Yes, it does, Mr. Chairman.
CHAIRMAN KJELLANDER:Thank you very much.
We will move on to the Public Hearing portion of the
proceeding.
Is there anyone in the room that would like to offer
any public testimony?
Sir, if you would like to, if you could come forward,
and we ll have you come up here and have you sworn in by
Commissioner Smith and then you will be allowed to give a
statement following a few brief questions from Mr. Walker.
RICHARD BEEBE,
having been first duly sworn, testified upon examination as
follows:
EXAMINATION
BY MR. WALKER:
Good morning.Could you, please state your name and
spell your last name for the record?
Yes.My name is Richard Beebe, B-E-E-I live at
1200 Nottingham Place in Moscow , Idaho.
And are you here today representing any particular
group or just of your own interest?
I represent B&G Investments.We purchased theYes.
property from Brocke & Sons that abuts this railroad line that
we I re discussing today.
Okay.Could you go ahead and give your statement?
I just wanted you to know that thatYes, I could.
line goes nowhere at this point in time.It goes up to U. S.
and stops and everything has been deleted past that point in
I think you have some testimony from Dean Brocke, who istime.
president of Brocke & Sons saying that they have sold that
property to us.It's an important ingredient in our development
plans because we are trying to lncrease the connecti vi ty between
the University of Idaho, which would be to the west of this
And thissi te, and the essential business district of Moscow.
will allow a cohesive development up to and including the
existing downtown area of Moscow.And rather than the kids
having to jump across the railroad tracks to get to the central
business district, it will make for a pleasant flow of traffic.
And you re probably not familiar with Moscow but this
is a very important area.Maybe some of you are very familiar
It's a very important area for us as far as makingwith Moscow.
the downtown more user friendly for the students of the
Uni versi ty of Idaho as well as enhancing our central business
district.
So it would be fair to say that you support the
proposed abandonment?
That would a good statement, yes.
Let's see if there areCOMMISSIONER KJELLANDER:
any questions from the Commission.
EXAMINATION
BY MR. REDFORD:
Are there any plans by the Uni versi ty to expand across
the -- what is it, 3rd Street?
That's actually 8th and College.8th and CollegeNo.
make kind of a funny -- no, actually, complete contrary to that.
The Uni versi ty is most interested in seeing that that area
becomes developed to enhance the uni versi ty itself so that they
have a greater connecti vi ty with the downtown area.So where
ve been talking with them, a bunch of different ideas:
hospi tali ty as well as a bunch of other ideas for that general
area.
Just by way of information, are those old grain
elevators still operating?
No, sir , they are not.
Are they going to be part of the plan?
They are being dismantled as we speak.
So that I s going to be commercial? residential?
It could be a mixed-use development.Yes.To both.
We I re hoping to have some higher-end condominimums for retired
professors and that sort of thing as well as some student
housing; some retail stuff in there.Maybe an expansion the
Uni versi ty ' s book store and that type of thing.That I s what
re hoping for.
I have no furtherCOMMISSIONER REDFORD:
questions.
Thank you.THE WITNESS:
Thank you very much forCHAIRMAN KJELLANDER:
your testimony.
Is there anyone else in the hearing room that would
Ii ke to testify?
If not we 'll move to the telephone line.I believe we
do have one person on the line, Mr. -- are you still with us?
(Phone line beeps.
That would be a negative.CHAIRMAN KJELLANDER:
Yes, 1'm still with you.MR. GLORE:
Okay, good.CHAIRMAN KJELLANDER:
Would you like to provide any public testimony today?
so, we can get you officially sworn in.And if not, we ll just
appreciate the fact that you listened in.
Mine would only be a comment.MR. GLORE:
So if you would likeCHAIRMAN KJELLANDER:Okay.
to forego that opportunity then we 'll go ahead and see if
there s anyone else who would like to provide testimony.
(No response.
If not then we d like toCHAIRMAN KJELLANDER:
thank everybody for participating today, and we now have a
And the Commission willrecord that is fully developed.
deliberate on this and render a decision on the proposed
abandonment.
So there being no further information that needs to
come before us today, we will adj ourn.
COMMISSIONER REDFORD:Mr. Commissioner?
CHAIRMAN KJELLANDER:Yes.
COMMISSIONER REDFORD:Didn t he state that he
wanted to comment?
CHAIRMAN KJELLANDER:He did, but I took it that
he was foregoing his opportunity for public testimony, unless I
mistook that.
Did you want to provide comment on the record?
MR. GLORE:Yeah, I would like to.
CHAIRMAN KJELLANDER:I suppose we will let you.
In fact, to speed things up why don t I just imagine you raising
your right hand.Oh, I see it now.
TODD GLORE
having been first duly sworn, testified upon examination as
follows:
Okay.We 'll pass this overCHAIRMAN KJELLANDER:
now to Mr. Walker.Let's see if Mr. Walker has a couple of
quick questions to get your name officially on the record.
EXAMINATION
BY MR. WALKER:
Could you please state your name and spell your last
name for the record?
Yes.My name is Todd Glore, G-L-O-R-E.
And are you representing any group or interest here
today?
I work for Ferrell Gas, which has property just to the
west -- northwest of the proposed abandonment.
Okay.Could you go ahead and make your statement,
please?
Yeah.(Inaudible) Rails are always an option to get
the product to the area.And it is important for us to move the
product in the Moscow area.We can move the product by
transport truck, which (inaudible).
ll see ifCHAIRMAN KJELLANDER:Thank you.
there are any questions from the commission.
(No response.
CHAIRMAN KJELLANDER:There are no questions.
Thank you very much for your testimony.
THE WITNESS:Thank you.
CHAIRMAN KJELLANDER:And I believe that does now
bring us to the conclusion of today I s proceedings.So there
being no further business before the Commission, we are
adjourned.
(Proceedings concluded.
, 25
I hereby certify that the foregoing transcript was
taken down, as stated in the caption, and the questions and
answers thereto were reduced to writing by me; that the
foregoing pages represent a true and correct transcript of the
evidence upon said hearing to the best of my ability;
I am not of kin or counsel to the parties
the regular employ of counsel for any of
interested in the result of said case.
the day of
A D A
I further certify that
in the case; am not in
said parties; nor am
~\~, D WITNESS my hand and official seal this
~'
2007.
~~:~~5:5;,
:C-
"J
$ ~ 0
' ", ~
~G' Holl . C tney
:: g
="'=0 Cert1fie Reporter
\. \
/C'
" \;:~
;l
'"
c.., ,- '&
!,,
And ry Public in and for
~ ,p
Q '-A'?The State of Idaho ~"1:r G"""""""".
"';?;,.",~'~
li OF \0(
....~'"
My commission expires 1/31/2012 ""iI"umit\~.Y
Idaho CSR No.2 63