20170803notice_of_application_order_no_33832.pdf

Office of the Secretary
Service Date
August 3,2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF TIlE APPLICATION )
OF BNSF RAILWAY COMPANY FOR A )CASE NO.BNR-R-17-O1
CLEARANCE WAIVER )
)NOTICE OF APPLICATION
)
)NOTICE OF
MODIFIED PROCEDURE
)
_______________________________
)ORDER NO.33832
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on June 30,2017,BNSF Railway Company
(“BNSF”)filed with the Commission a request for a clearance waiver of the Railroad Clearance
Rules.See IDAPA 31.71.01.000,ci seq.BNSF’s request is due to its claimed need for a point
of reference for authority to work on a specific portion of track.
Specifically,BNSF states that it needs a clearance waiver from IDAPA 31.71.01.301
(Rule 301),because it hopes to install a “Track and Time Point Sign”where the outside edge of
the sign will be no less than six feet six inches (6’6’)from the centerlines of the two underlying
mains.Rule 301 requires at least eight feet six inches (8’6”)for all side clearances.IDAPA
3 1.71.01.301.A diagram of the sign BNSF proposes to use was attached to BNSF’s Application.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has preliminarily determined
that the public interest may not require a formal hearing for this matter,and that the matter will
proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public
Utilities Commission’s Rules of Procedure,IDAPA 31.01.01.201 through .204.The
Commission notes that Modified Procedure and written comments have proven to be an effective
means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty one (21)days from the service date of this Notice.The comment must contain a
statement of reasons supporting the comment.Persons desiring a hearing must specifically
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33832 1
request a hearing in their written comments.Written comments concerning this Application
shall be mailed to the Commission and the Applicant at the addresses reflected below:
Commission Secretary Mark Hunter
Idaho Public Utilities Commission BNSF Railway
P0 Box 83720 8310 Nieman Road
Boise,ID 83720-0074 Lenexa,KS 66219
E-mail:mark.hunteri;bnsf.corn
Street Address For Express Mail:
472 W.Washington Street
Boise,ID 83702-5983
All comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the “Comments and Questions”
icon and complete the comment form using the case number as it appears on the front of this
document.These comments must also be sent to Applicant at the e-mail addresses listed above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set,the Commission will consider this matter on its merits and
enter its Order without a formal hearing.If written comments are received within the time limit
set,the Commission will consider them and,in its discretion,may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is also available on the Commission’s web site at
www.puc.idaho.gov by clicking on “File Room”and then “Rail &Pipeline Cases.”
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 and 62 of the Idaho Code.The
Commission may enter any final Order consistent with its authority.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et seq.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33832 2
ORDER
IT IS HEREBY ORDERED that this Application be processed by Modified
Procedure,IDAPA 31.01.01.201 ,204.Persons interested in submitting written comments in this
matter must do so within 21 days from the service date of this Order,
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 3”
day of August 2017.
ATTEST:
Diane M.Hanian
Commission Secretary
O:BNR-R-I 7-01_sc
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33832
PAUL K LLAND ,PRESIDENT
ERIC ANDERSON,COMMISSIONER