20060601notice_of_hearing_order_no_30062.pdf

Office of the Secretary
Service Date
June 1 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF BNSF RAILWAY
COMPANY'S INTENT TO ABANDON 2.
MILES OF RAILROAD LINE IN COEUR
D' ALENE, IDAHO NOTICE OF HEARING
CASE NO. BNR-06-
ORDER NO. 30062
On April 13, 2006, the Commission issued a Notice that BNSF Railway Company
intended to abandon 2.12 miles of railroad right-of-way in Coeur d'Alene, Idaho. The right-of-
way generally runs from the Coeur d' Alene City Park over to East Mullan Avenue and
terminates at the Coeur d' Alene Resort Golf Course. With this Order the Commission schedules
a public hearing pursuant to Idaho Code ~ 62-424.
THE PROPOSED ABANDONMENT
The rail right-of-way in question runs 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 Avenue, over to East Mullan
Avenue, and terminates at the Coeur d' Alene Resort Golf Course. The majority of track from
the affected right-of-way was removed in the 1980s, and consequently, there were no reported
shippers on the line. Notice at 1.
The Railroad indicated it will utilize the "exemption" abandonment proceeding with
the Surface Transportation Board (STB). To be eligible to file a Notice for Exemption, the
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. At least 20 days prior to the
filing of a Notice of Exemption, the Railroad must serve its Environmental Report on the PUC
the City ofCoeur d' Alene and Kootenai County. 49 C.R. ~ 1105.7(b).
BNSF filed its Environmental and Historic Report on May 30, 2006. According to
the Environmental and Historic Report the right-of-way varies from 20 to 55 feet in width with
no bridges or structures and has had no traffic on the line for over two years with no overhead
traffic to be rerouted.
The Railroad has indicated that it intends to file its Notice of Exemption with the
STB on or about June 13 2006. Once the Notice of Exemption is filed, the STB will publish a
NOTICE OF HEARING
ORDER NO. 30062
notice in the Federal Register within 20 days. 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.
D ISCUSSI ON
Although the authority to grant or deny an abandonment rests with the STB and is
governed by federal law, the Commission does have an obligation under state law to hold a
public hearing regarding the abandonment. Idaho Code ~ 62-424 provides that the "Commission
shall schedule a public 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 the potential for profitability. If the Commission finds that the abandonment
would be adverse to the public interest, then it may represent the state in the STB abandonment
proceeding. Idaho Code ~ 62-424(2).
The Commission s Notice established a deadline for intervention. Parties desiring to
intervene were directed to do so no later than April 26, 2006. Although the Commission
received two written comments, there were no petitions for intervention. Because no person
petitioned to intervene in this matter, and because there are no shippers on the line, we find it
reasonable to conduct our public hearing at the Commission s Hearing Room in Boise. The
Commission Staff has examined the right-of-way and is prepared to offer testimony at the
hearing. Persons wishing to offer testimony at the hearing may do so, either by appearing in
person or by calling the toll free telephone number provided by the Commission in this Notice at
the time and date set out below.
Because of the expedited nature of "exemption" abandonment process at the STB
and the lack of any interveners, we find that the public necessity requires the hearing to be held
on less than 14 days notice. IDAPA 31.01.01.241.
NOTICE OF HEARING
YOU ARE HEREBY NOTIFIED that the Commission has scheduled a public
hearing in this matter to commence at 10:00 A.M. ON WEDNESDAY, JUNE 14, 2006, IN
THE COMMISSION HEARING ROOM, 472 WEST WASHINGTON STREET, BOISE,
IDAHO (334-0330)Persons wishing to offer testimony telephonically or to listen to the
proceedings may dial 888-830-6260 and enter Participant Code 779963. (This is a toll free
NOTICE OF HEARING
ORDER NO. 30062
call.) The purpose of the hearing is to take public testimony as to whether the abandonment of
the 2.12 miles of rail right-of-way in Coeur d' Alene would be adverse to Idaho s public interest.
The Railroad, any shipper, local government leaders, and any other interested persons are
encouraged to testify.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted in accordance
with the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that the Railroad's Environmental and Historic
Report together with any attachments has been filed with the Commission and is available for
public inspection during regular business hours at the Commission offices. The Report is also
available on the Commission s Web site at www.puc.idaho.gov by clicking on the "File Room
icon, then "Rail Cases.The Environmental and Historic Report describes any expected
environmental and historic effects of the proposed abandonment.
YOU ARE FURTHER NOTIFIED that all workshops and hearings in this matter
will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA). Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at a public hearing
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5) working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary~puc.idaho.gov
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Idaho Code ~ 62-424.
ORDER
IT IS HEREBY ORDERED that the Commission shall convene a public hearing in
this matter at set out above.
NOTICE OF HEARING
ORDER NO. 30062
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of June 2006.
ATTEST:
~il
Commission Secretary
O:BNR-06-01 dw
NOTICE OF HEARING
ORDER NO. 30062
~Ml
MARSHA H. SMITH, COMMISSIONER