2000926_dh.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
BARB BARROWS
RON LAW
DAN VICKERS
WORKING FILE FROM:
DATE:
SEPTEMBER 26, 2000 RE: ABANDONMENT OF THE HARVARD BOVILL BRANCH LINE BY THE PALOUSE RIVER & COULEE CITY RAILROAD, CASE NO. PRCR0001

On August 28, 2000, Palouse River & Coulee City Railroad notified the Commission that it intended to file a Notice of Exemption with the Surface Transportation Board (STB) to abandon the Harvard-Bovill branch located in Latah County. This branch is approximately 26 miles in length running from Palouse (near the Idaho-Washington border) to Bovill. The Railroad stated that the STB filing would occur on September 18, 2000.
Unlike a traditional abandonment application, the exemption process allows a railroad to abandon a branch line in as few as 30 days. Palouse River indicates that it is eligible to use the STB exemption process because no rail traffic has moved on the line for the past two years. In fact, the Railroad’s Environmental and Historical Report (EHR) indicates that no traffic has moved on this branch since Palouse River purchased the line from the Burlington Northern in 1996. Staff has subsequently learned that the apparent reason no traffic has moved on this line is that a portion of track was washed out in 1996. Prior to the sale of the branch to Palouse River, BN was able to work out a shipping arrangement with the St. Maries Railroad. Under the shipping agreement, St. Maries would pick up rail traffic destined either for BN or Union Pacific at Bovill and transport rail cars to Plummer where St. Maries interchanges with Union Pacific.
On September 8, 2000, the Commission issued a Notice of Abandonment and a Notice of Modified Procedure in this matter. The Commission’s Notice recognized that a proposed abandonment may occur under the exemption process in as few as 30 days. Consequently, the Commission determined that it was appropriate to process this matter view Modified Procedure. Given the shortness of time, the Commission also found that it was appropriate to set a deadline for written comments of no later than September 22, 2000. No written comments were received.
In the draft EHR, Palouse River notes that it has no intent to remove any bridge structures on the line. Palouse River also maintains that the line does not contain any federally granted right-of-way. Latah County has expressed an interest in rail banking this line. In addition, Staff subsequently learned that the Idaho Transportation Department (ITD) may be interested in acquiring some of the abandoned right-of-way for improvements to its highway system. State Highways 8 and 9 parallel the Bovill branch.
STAFF RECOMMENDATION
Given the lack of any comments opposing the abandonment of the rail line and the lack of rail traffic on this branch, Staff recommends that the Commission not file a protest with the STB. Staff also recommends that ITD be advised that it may contact the railroad and the STB to request a public use condition of the abandoned right-of-way.
COMMISSION DECISION
Does the Commission desire to file comments or protests with the STB regarding the abandonment of the Bovill branch. Should the Staff advise ITD that it may independently pursue a public use condition?

vld/M: prcr0001_dh

DECISION MEMORANDUM 1