20170721Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMIS SIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:SEAN COSTELLO
DEPUTY ATTORNEY GENERAL
DATE: JULY 19,,2017
SUBJECT: BNSF RAILWAY COMPANY'S REQUEST FOR A CLEARANCE
WAMR, CASE NO. BNR-R-17-01
On June 30,2017, BNSF Railway Company ("BNSF") filed with the Commission a
request for a clearance waiver of certain portions of the Railroad Clearance Rules. ,See IDAPA
31.71.01 et seq. BNSF's request is due to the need for a point of reference for authority to work
on a specific portion of track.
STAFF RECOMMENDATION
Staff recommends that BNSF's request be process by Modified Procedure with a 21-
day comment period and a7-day reply deadline.
COMMISSION DECISION
Does the Commission preliminarily find that the public interest may not require a
hearing to consider the issues presented in this case, and that this case is appropriate for Modified
Procedure under Commission Rules of Procedure 201 through204, with a 2l-day comment period
and 7 -day reply deadline?
Jr-*AW
Sean Costello
Deputy Attomey Cieneral
M:BNR-R-17-01_sc