19990407Order No. 27993.pdf

e e Offce of the Secretar
Servce Date
April 7, 1999
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
)
) CASE NO. BNR-R-99-1
)
)
) ORDER NO. 27993
)
IN THE MATTER OF THE APPLICATION
FILED BY CROWN PACIFIC FOR AN
EXEMPTION FROM THE COMMISSION'S
RAILROAD CLEARANCE RULES, IDAPA
31.71.01.000 ET SEQ.
In November 1998, the Commssion received a request from Crown Pacifc Lumber
Company seekig a waiver or exemption from the Commssion's Ralroad Clearance Rules, IDAP A
31.71.01.000 et seq. Crown Pacific recently constructed netting platforms alongside and above an
industrial spur track located at its Bonners Ferr sawmilL. As constructed, the platforms intrude into
the required side and overhead clearances required by the Commssion in its Clearance Rules 201
and 301. On March 1, 1999, the Commsion issued a Notice of Application and Notice of
Modifed
Procedure seekig comments regarding Crown Pacifc's request for an exemption. Order No. 27943.
The Commssion did not receive any comments in response to its Notice of Modified Procedure. We
grant the Company's request for exemptions.
THE APPLICATION
As set out in the Commssion's Order No. 27943, the platforms constructed by Crown
Pacifc are on both sides of the chip loading track and are 60 feet in length and approxiately 3 feet
in width. The catwalk platforms are approximately 11 feet from the top of the rails. The netting
platform were constructed so that Crown Pacifc workers could place cargo nets over loaded chip
cars in a safe maner rather than "man handle" the nets up and over the sides of the chip cars. The
inside edge of the platform is 7 feet 6-5/16 inches from the horizontal center line of the tracks. The
Commssion's Side Clearance Rule 301 requires a setback from the center line of
tracks of8 feet 6
inches. IDAPA 31.71.01.301.
In addition to the side impaient, at each end of the platforms is a cable supporting ar
extending across the track that is 23 feet 4 inches above the tops of the rails. The Commssion's
Overhead Clearance Rule 201 requires a clearance of 23 feet 6 inches from the center line of the
track. IDAP A 31.71.01.201. The industrial track termates on Crown Pacific's propert and no
other rail user is affected by these impaients.
ORDER NO. 27993 -1-
e e
Although the Commission Staff did not file comments in this matter, it subsequently
reported that Crown Pacific has placed two waring signs on either side of the track leading to the
chip loadng facilty. These signs have a white background and the word "DANGER" in red letters
and the words "NO CLEARACE" in black letters.
DISCUSSION
Clearance Rule 8 provides tht the Commssion may grant exemptions from its Clearance
Rules "upon proper application or notice from the carers, industries, or other interested persons."
IDAPA 31.71.01.008. The Commission is empowered to grant exemption but such exemptions
"shall be limited to the paricular case covered by the Application." Id. The Application must be
accompanied by a full statement of the conditions existing and the reasons why an exemption is
requested.
Based upon our review of the Application and the lack of any adverse comments, we fid
it is reasonable to grant the overhead and side exemptions requested by Crown Pacific. The
constrction of the netting platforms rectified one safety concern but inadvertently created another.
However, the Company had placed two "impaired clearance" waring signs on either side of the
track leading to the chip loading facilty.
ORDER
IT is HEREBY ORDERED that the exemptions requested by Crown Pacific to the
Commssion's side and overhead clearance rues at the Company's Bonners Ferr plant be granted.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. BNR-R-99-1
may petition for reconsideration within twenty-one (21) days of the service date of this Order with
regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case
No. BNR-R-99-1. Within seven (7) days afer any person has petitioned for reconsideration, any
other person may cross-petition for reconsideration. See Idaho Code § 61-626.
ORDER NO. 27993 -2-
e e
DONE by Order of the Idaho Public Utilties Commission at Boise, Idaho this 7 Zf
day of April 1999.
ATTEST:LfZ~Myrna J. Walters
Commission Secretar
vldlO:bnrr91.dh
ORDER NO. 27993
~~
MASHA H. SMITH, COMMISSIONER
PA~ COMMSSIONER
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