20200225_jrh1.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:JOHN R.HAMMOND JR.
DEPUTY ATTORNEY GENERAL
DATE:FEBRUARY 20,2020
SUBJECT:PROPOSED ABANDONMENT OF A 0.76 SEGMENT OF EASTERN
IDAHO RAILROAD'S RAIL LINE;CASE NO.EIR-R-20-01.
On January 15,2020,the Commission received correspondence from Eastern Idaho
Railroad LLC ("EIRR"or "Company")proposing to abandon an approximately 0.64-mile segment
of a railroad known generally as the "Old Butte Main Line"located in Idaho Falls,Idaho,from
milepost 184.26 (near Yellowstone Highway at the junction with the Union Pacific Railroad
Company),to milepost 184.90 (north of the grade crossing with W.Broadway Street (the "Line").
On February 14,2020,EIRR,filed additional correspondence with the Commission in
this case,revising it proposed abandonment of a rail line.Specifically,EIRR proposes to abandon
approximately a 0.76-mile segment of railroad located in Idaho Falls,Bonneville County,Idaho.
Extending from milepost 184.14 (immediately southeast of the grade crossing with the
Yellowstone Highway),to milepost 184.90 (north of the grade crossing with W.Broadway Street)
(the "Line").The Line traverses United States Postal Service ZIP Code 83402.
The Company indicated in its February 14,2020,correspondence with the Commission
that it will seek to use the expedited exemption process to abandon this rail line.See 49 C.F.R §
1152.50(d)(1).EIRR represents that no local traffic has moved over the Line for at least two (2)
years,and overhead traffic (if any)can be diverted to other routes.The Company represents that
the Line does not contain federally-granted rights-of-wayand will be made available promptly to
those requesting it.
DECISION MEMORANDUM l
Under Surface Transportation Board ("STB")procedures,once the exemption is filed,
the STB will publish the notice in the Federal Register within 20 days.Unless stayed,the railroad
may abandon the line 30 days after the notice is published in the Federal Register.
THE COMMISSION'S ROLE IN ABANDONMENTS
The STB is the federal entity with the authority to approve or deny railroad
abandonments.However,Idaho Code §62-424 provides that the Commission "shall schedule a
public hearing on the proposed abandonment."The purpose of the state abandonment hearing is
for the Commission to determine whether the abandonment would:(1)adversely affect the area
being served;(2)impair the access of Idaho shippers to vital goods and markets;and (3)whether
the rail line has the potential for profitability.If the Commission finds that the abandonment would
adversely affect the area being served and the line has the potential for profitability,then the
Commission may represent the State of Idaho in the STB abandonment proceeding.
STAFF RECOMMENDATION
The Commission Staff recommends that the Commission issue a notice of the intended
abandonment and schedule a public hearing as required by Idaho Code §62-424.Because the
Company intends to use the exemption process,the abandonment may be effective in as little as
30 days from the time the notice is published in the Federal Register.In its February 14,2020,
correspondence the Company represents in will file the Notice of Exemption on or about February
24,2020.Consequently,Staff recommends that the Commission schedule a telephonic public
hearing to take place on March 10,2020,at 2:00 p.m.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Proposed Abandonment and schedule
a telephonic public hearing to take place on March 10,2020,at 2:00 p.m.?
Joh ammond Jr.
De Attorney General
I.\Lega1\RAIL\EIR-R-20-01\E]R.R-20.01_decmemo.jrhdocx
DECISION MEMORANDUM 2