HomeMy WebLinkAbout990617_ws.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
DON HOWELL
STEPHANIE MILLER
TONYA CLARK
RON LAW
DAN VICKERS
DAVID SCOTT
WORKING FILE
FROM:
DATE: June 17, 1999
RE: CASE NO. 31-7101-9901; AMENDMENT TO IPUC RAILROAD CLEARANCE RULE
On April 22, 1999, the Commission issued a Notice of Petition and Notice of Modified Procedure to establish an informal negotiated rulemaking process to consider a change to IPUC Railroad Clearance Rule 201.02. That rule currently requires a vertical clearance for construction over railroad tracks of 23 feet 6 inches. The Commission received a request from the Idaho Transportation Department (ITD) to lower the clearance requirement to 22 feet 6 inches or the vertical clearance required by the owner of the railroad tracks, whichever is greater. During the comment period provided in the Notice, written comments were filed only by the Burlington Northern and Santa Fe Railway Company (BNSF). BNSF stated that it supported ITD’s request to lower the minimum vertical clearance but requested that the minimum clearance be 23 feet rather than 22 feet 6 inches. BNSF stated that “a minimum clearance of 23 feet would allow railroads an additional 6 inches above the 22 feet 6 inches to allow for future grade changes as a part of normal construction.”
Following conversations with the attorney for BNSF, it became clear that BNSF’s comments and recommendation resulted from a misunderstanding of the proposed rule change. Staff clarified the intent of the rule change for BNSF in a letter, and BNSF has indicated it now supports the rule change as proposed by ITD. Staff therefore recommends that Railroad Clearance Rule 201.02 be amended as proposed in the Notice of Petition and Notice of Modified Procedure.
Commission Decision
Should IPUC Railroad Clearance Rule 201.02, requiring an overhead clearance of 23 feet 6 inches, be amended as proposed by ITD, allowing for a “vertical clearance required by the owner of the railroad tracks or 22 feet 6 inches, whichever is greater”?
vld/M: 31-7101-9901_ws
DECISION MEMORANDUM 2