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Home My WebLink Aboutrail_consumer.pdfIPUC Annual Report 2010 67 | P a g e Regulating Idaho’s railroads More than 900 miles of railroad track in Idaho have been abandoned since 1976. Federal law governs rail line abandonments. The federal Surface Transportation Board decides the final outcome of abandonment applications. Under Idaho law, however, after a railroad files its federal notice of intent to abandon, the IPUC must determine whether the proposed abandonment would adversely affect the public interest. The commission then reports its findings to the STB. In reaching a conclusion, the commission considers whether abandonment would adversely affect the service area, impair market access or access of Idaho communities to vital goods and services, and whether the line has a potential for profitability. The Idaho Public Utilities Commission also conducts inspections of Idaho’s railroads to determine compliance with state and federal laws, rules and regulations concerning the transportation of hazardous materials, locomotive cab safety and sanitation rules, and railroad/highway grade crossings. Hazardous material inspections are conducted in rail yards and at shipping facilities. In 1994, Idaho was invited to participate in the Federal Railroad Administration’s State Participation Program. IPUC has a State Program Manager and two FRA certified hazardous material inspectors. The IPUC inspects railroad‐highway grade crossings where incidents occur, investigates citizen complaints of unsafe or rough crossings and conducts railroad‐crossing surveys. Railroad Activity Summary 2010 Inspections 194 Rail cars inspected 2035 Violations 1 Rail cars with defects 318 Crossing accidents investigated 2 Crossing complaints 2 Locomotives Inspected 15 Defects within locomotives inspected 0 IPUC Annual Report 2010 68 | P a g e Operation Lifesaver Idaho Operation Lifesaver is a non‐profit state organization dedicated to increasing public awareness of the potential dangers that exist at highway/rail grade crossings and around trains in general. Volunteers from various sponsoring groups and other interested individuals staff the organization. Volunteer staff members talk to about 130,000 people each year at presentations and safety booths. Because of the IPUC’s railroad safety oversight, it has taken a leading role in sponsoring and supporting Operation Lifesaver. IPUC staff members participate by making presentations to groups, manning safety booths and serving on the board and various committees. It is the intent of the program to achieve its goal by using: Education – Educate the public about trains by providing safety presentations and by operating informational booths. Engineering – Work with government entities, businesses and railroads to improve highway/rail intersections. Enforcement – Work with law enforcement agencies and railroads to enforce traffic laws pertaining to highway/rail intersections. Railroads in Idaho Palouse River Railroad Burlington Northern Railroad 709 N. 10th St, Walla Walla, WA, 90362 176 E. Fifth St., St. Paul, MN, 55101 509.522.1464 208.263.2016 Idaho track miles: 0 Idaho track miles: 123 Great Northwest Railroad Eastern Idaho Railroad PO Box 116, Lewiston, ID, 83501 618 Shoshone St. West, Twin Falls, ID, 83301 208.743.2559 208.733.4686 Idaho track miles: 8 Idaho track miles: 269 Idaho Northern & Pacific Montana Rail Link PO Box 715, Emmett, ID, 83617 PO Box 8779, Missoula, MT, 59807 208.365.6353 406.523.1500 Idaho track miles: 99 Idaho track miles: 45 St. Maries River Railroad Union Pacific Railroad 318 N. 10th St., St. Maries, ID, 83861 1416 Dodge St., Omaha, NE, 68179 208.245.4531 208.343.1771 Idaho track miles: 99.4 Idaho track miles: 849 BG&CM Railroad, Inc. Boise Valley Railroad, Inc. PO Box 1759, Orofino, ID, 83544 100 PFE Drive, Nampa, ID, 83687 208.476.7938 208.442.0144 Idaho track miles: 109 Idaho track miles: 36 IPUC Annual Report 2010 69 | P a g e Case No. UPRR1001, Order No. 32135 December 20, 2010 Commission won’t oppose Nampa rail abandonment The commission will not intervene in a petition by Union Pacific Railroad to the federal Surface Transportation Board for authority to abandon a near mile stretch of railway in downtown Nampa. The section proposed for abandonment begins near the intersection of 16th Avenue South and Front Street in Nampa and extends nearly a mile to the south near East Florida Avenue. The authority to grant or deny rail abandonment rests with the federal Surface Transportation Board and is governed by federal law. However, the IPUC is required to conduct a public hearing before the abandonment is considered at the federal level. The commission did so last October at the Nampa City Hall. At that hearing, city leaders and those affiliated with the Nampa Bicycle and Pedestrian Citizens Advisory Group said they wanted to use the line as a pedestrian and bicycle pathway that is critical to linking residential neighborhoods to downtown. But shippers who formerly used the line, testified against the proposed abandonment. TVM Recycling and Seminis Vegetable Seeds are located along the line, but have had to transload their products to Caldwell and Kuna because UP failed to maintain the line. Staff from the commission testified that UP paved over a crossing and started taking some rails out. The commission’s role is to determine if the abandonment 1) adversely affects the area being served, 2) impairs the access of Idaho shippers to vital goods and markets, and 3) whether the rail line has the potential for profitability. If the commission determines the proposed abandonment is not in the public interest, it files comments and represents the state before the Surface Transportation Board. The commission, however, will not pursue the matter before the federal agency, stating that the cost of repairing the line and making it suitable for rail service is no longer viable. “Union Pacific’s failure to maintain the line and ensure rail service to the shippers demonstrates its lack of commitment to its smaller customers,” the commission said. “UP could have acted in a more collaborative manner with the shippers and possibly averted the need to abandon the line.” Under the exemption procedure pursued by Union Pacific, the Surface Transportation Board will publish a notice in the Federal Register within 20 days after the petition for exemption is filed. Thirty days after the notice is published, the railroad is permitted to abandon the rail line unless the STB stays the abandonment. IPUC Annual Report 2010 70 | P a g e Consumer Assistance The Consumer Assistance staff responded to 2,897 complaints, comments or inquiries in calendar year 2009, of which 88 percent were from residential customers. The number of contacts increased by 10 percent from 2008. Breakdown of complaints by type of utility Contacts regarding telecommunications companies: 35 percent Contacts regarding energy (electric, gas) companies: 48 percent Contacts regarding water companies: 9 percent Non-utility related contacts: 8 percent (Qwest Communications had 40 percent of telecommunication complaints; Idaho Power had 50 percent and Intermountain Gas 21 percent of energy utility complaints and United Water had 36 percent of water complaints.) Summary of service quality issues: Disputed billings 22 percent Credit and collection issues 31 percent Miscellaneous 17 percent Utility rates and policies 18 percent Telecommunications issues 7 percent Line extensions and service upgrades 2 percent Service quality and repair 4 percent While dispute resolution remains an important task, it is hoped that by working with consumer groups, social service agencies, and utilities, persistent causes of consumer difficulties can be identified and addressed. Consumer complaints present an opportunity for utilities and the commission to learn the effect of utility practices and policies on people. For example, the unintentional and perhaps unfair impact of a rule or regulation might be discovered in the course of investigating a complaint. In such cases an informal, negotiated remedy may not be possible, and formal action by the commission would be required. The Consumer Assistance Staff’s participation in formal rate and policy cases before the commission is the primary method used to address these issues. While the Consumer Assistance Staff is able to respond to some consumer inquiries without extensive research, about 74 percent of consumer complaints required investigation by the staff. About 35 percent of investigations resulted in reversal or modification of the utilities’ original action. Toll‐Free Complaint Line The commission has a toll‐free telephone line for receiving utility complaints and inquiries from consumers outside the Boise area. The toll‐free line (1‐800‐432‐0369) is reserved for inquiries and complaints concerning utilities. Consumers may also file a complaint electronically via the commission’s Website at www.puc.idaho.gov.