20090917notice_of_telephonic_hearing_order_no_30903.pdf

Office of the Secretary
Service Date
September 17 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF BNSF RAILWAY COMPANY FOR
APPROVAL TO ABANDON A 6.23 MILE
SECTION OF ITS RAIL LINE IN
KOOTENAI COUNTY, IDAHO
CASE NO. BNR-09-
NOTICE OF
PRO POSED ABANDONMENT
NOTICE OF
TELEPH 0 NI C HEARING
ORDER NO. 30903
PROCEDURAL BACKGROUND
On August 10 2009, the Commission received BNSF Railway Company s ("BNSF"
Petition for Exemption filed with the Surface Transportation Board (STB). Petition for
Exemption Docket NO. AB-6 (SUB-NO. 468X) at 3.
On August 28 , 2009, the STB issued a notice instituting an exemption proceeding
pursuant to 49 U.s.c. ~ 1 0502(b).
STATE LAW
Although the authority to grant or deny abandonment rests with the STB and is
governed by federal law, the Commission has an obligation under state law to hold a public
hearing regarding the abandonment, and to represent the State in STB abandonment proceedings
if deemed necessary. 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 a 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).
NOTICE OF PROPOSED ABANDONMENT
YOU ARE HEREBY NOTIFIED that BNSF filed a Petition for Exemption with the
Surface Transportation Board (STB) requesting an exemption from the federal prior approval
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30903
requirements found in 49 u.S.c. ~~ 10903-10905 to abandon a 6.23 mile section of its rail line in
Kootenai County, Idaho. Petitionfor Exemption at 3.
YOU ARE FURTHER NOTIFIED that BNSF proposes to abandon a portion of its
rail line located between Milepost 6.10 near Post Falls and Milepost 12.33 at Coeur d'Alene
Kootenai County, Idaho (the "Line
).
Id.
YOU ARE FURTHER NOTIFIED that BNSF states in its Petition that there "are no
shippers remaining on the Line" and that "there has been no overhead traffic on the Line for
many years prior to that." Id. at 4.
YOU ARE FURTHER NOTIFIED that BNSF also states that it has received a "firm
offer to purchase the Line between Milepost 12.33 and Milepost 8.66" so that it may be
developed in accordance with the Coeur d' Alene Education Corridor Master Plan. Id. The
remaining portion of the Line, between Milepost 8.66 and Milepost 6.
, "
will be converted to
industry track and used for storage of surplus rail cars.Id. The City of Coeur d' Alene has
reached a tentative agreement with the federal Bureau of Land Management (BLM) to exchange
the federal right-of-way located on the Line "for land in the general area that is more suitable to
BLM's purposes.Id.
YOU ARE FURTHER NOTIFIED that the exemption process allows railroads to
abandon rail lines if the abandonment is of limited scope and does not adversely affect national
rail policy. 49 u.S.C. ~~ 10502 and 10101. Under STB procedures, once the exemption is filed
the STB must publish a notice in the Federal Register within 20 days. Unless stayed, the railroad
may then abandon the rail line 30 days after the notice is published in the Federal Register.
NOTICE OF TELEPHONIC HEARING
YOU ARE FURTHER NOTIFIED that the Commission has scheduled a telephonic
hearing in this matter to commence at 10:00 A.M. (MOUNTAIN DAYLIGHT TIME) ON
SEPTEMBER 22. 2009. IN THE COMMISSION HEARING ROOM. 472 WEST
WASHINGTON STREET. BOISE. IDAHO.Persons wishing to offer their testimony
telephonically or listen to the proceedings may dial toll-free [phone]: Participant Code
295999.The purpose of the hearing is to take public testimony as to whether the BNSF Railway
Company s abandonment of an approximately 6.23 mile section of rail line in Kootenai County,
Idaho would be adverse to Idaho s public interest. The railroad, any shipper, local government
leaders, and any other interested persons are encouraged to testify.
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30903
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 BNSF's Petition for Exemption, together
with any attachments have been filed with the Commission and are available for public
inspection during regular business hours at the Commission offices. The Petition and Reports
are also available on the Commission s web site at www.puc.idaho.gov by clicking on "File
Room" and then "Rail Cases.
YOU ARE FURTHER NOTIFIED that all 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 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 as set out above.
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30903
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 17~
day of September 2009.
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. KEM , P SIDENT
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MARSHA H. SMITH, COMMISSIONER
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MACK A. REDFORD, CO MISSIONER
ATTEST:
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Commission Secretary
O:BNR-09-
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30903