20060413notice_of_intent_to_abandon.pdf

Office of the Secretary
Service Date
April 13 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF BNSF RAIL WAY
COMPANY'S INTENT TO ABANDON 2.
MILES OF RAILROAD LINE IN COEUR
D' ALENE, IDAHO NOTICE OF INTENT TO
ABANDON
CASE NO. BNR-O6-
NOTICE OF INTERVENTION
DEADLINE
The Public Utilities Commission has recently learned that BNSF Railway Company
intends to file an application with the Surface Transportation Board (STB) to abandon 2.12 miles
of railroad right-of-way in Coeur d'Alene, Idaho. The STB is the entity of the U.S. Department
of Transportation authorized to grant or deny rail line abandonments. The rail line in question
once served the Potlatch Mill location that is now The Coeur d' Alene Golf Resort.
NOTICE OF INTENT TO ABANDON
YOU ARE HEREBY NOTIFIED that BNSF indicates that it will file a petition
seeking an abandonment "exemption" with the STB. To be eligible to file a petition for
exemption, a railroad must usually certify that no rail traffic has moved on the line for the past
two years and there are no outstanding complaints about the lack of rail service. Under the
exemption procedure, the STB will publish a notice in the Federal Register within 20 days after
the petition for exemption is filed. Thirty (30) days after the notice is published in the Federal
Register, the railroad is permitted to abandon the rail line unless the STB stays the abandonment.
YOU ARE FURTHER NOTIFIED that the rail line and right-of-way in question run
between milepost (MP) 12.33 and MP 14.45 within the city limits of Coeur d' Alene. The section
of right-of-way being proposed for abandonment generally runs from the Coeur d' Alene City
Park adjacent to Northwest Boulevard, across the front of The Coeur d' Alene Resort, down East
Front A venue, follows East Mullan A venue, and terminates at The Coeur d' Alene Golf Resort.
The Commission Staffs initial information about the affected right-of-way indicates that the
majority of the track was removed in the 1980s. Consequently, there are no shippers on the line.
A map of the rail section to be abandoned is attached.
NOTICE OF INTENT TO ABANDON
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that the abandonment of rail lines and the
discontinuance of rail service are governed by federal law. As this Commission has stated many
times, the authority to grant or deny the abandonment of a rail line rests with the STB. Idaho
Code ~ 62-424 requires the Public Utilities Commission to schedule a hearing on the proposed
abandonment. The purpose of the 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 potential for profitability.
the Commission finds that the abandonment would be adverse to the public interest, then it may
represent the State of Idaho in the STB abandonment proceeding.
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter
for the purpose of presenting evidence must file a Petition to Intervene with the Commission
pursuant to this Commission s Rules of Procedure 72 and 73 , IDAP A 31.01.01.072 and -073.
Persons intending to intervene must file a Petition to Intervene on or before April 26, 2006.
Persons seeking intervenor status shall also provide the Commission Secretary with their
electronic mail address to facilitate further communications in this matter.
YOU ARE FURTHER NOTIFIED that persons desiring to present their views
without parties' rights of participation and cross-examination are not required to intervene and
may present their comments without prior notification to the Commission or the parties.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Titles 61 and 62 of the Idaho Code and
specifically Idaho Code ~ 62-424.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, ID AP A 31.01.01.000 et seq.
NOTICE OF INTENT TO ABANDON
NOTICE OF INTERVENTION DEADLINE
DATE at Boise, Idaho this /3ti'day of April 2006.
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R, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER
ATTEST:
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Commission Secretary
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NOTICE OF INTERVENTION DEADLINE
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Mar 31 2005
SUOOJ' Beacb
LINE SEGMENTS 375, 381 AND 382
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