19990301Notice of Application, Notice of Modified Procedure, Order No 27943.pdf

l Offce of the Secretary
Service Date
March 1, 1999
11
BEFORE THE mAHO PUBLIC UTILITIES COMMSSION
IN THE MATTER OF TH APPLICATION
FIED BY CROWN PACIFC FOR AN
EXEMPTION FROM THE COMMSSION'S
RALROAD CLEARCE RULES, IDAP A
31.71.01.000 ET SEQ.
)
) CASE NO. BN-RR-99-1
)
) NOTICE OF APPLICATION
)
) NOTICE OF MODIFIED
) PROCEDUR
)
) ORDER NO. 27943
In November 1998, the Commssion received a request from Crown Pacific Lumber
Company seekig a waiver or exemption frm the Commssion's Ralroad Clearce Rules, IDAP A
31.71.01.000 et seq. Pacific Crown recently conscted a nettg platform alongside and above the
railroad's spur tracks at its Bonners Ferr milL. The platform do not as constrcted, comply with
the Commssion's side and overhead clearce stdads in Rules 201 and 301. The netting devices
rectify a safety hazd for Crown Pacific workers who previously were requied to car a net up the
ladder on the side of chip car, then balance on the top edge of the ral car while covering the top of
the car. The Company filed its Application when it leared from railroad personnel that the
platforms did not meet the Commssion's clearance requirements.
NOTICE OF APPLICATION
The platforms constrcted by Crown Pacific are 60 feet in lengt and approximately 3
feet in width. They ar constrcted so tht the catwal platforms are approxitely 11 feet from the
top of the rails. The inide edge of the platform is 7' 65/16" from the horizontal center line of the
trcks. The Commssion's Side Clearce Rule 301 requis a setback from the center line of trcks
of 8' 6". See attched diagram.
At each end of the platform there is a cable supporting ar extending perpendicular
above the tracks that is 23' 4" above the top of the rails. The Commission's Overhead Clearance
Rule 201 requies a clearce of23' 6" (at the center line of the trck at the highest point of the "arch
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUR
ORDER NO. 27943 -1-
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of the clearce zones). The Company uss an OSHA mandated safety haress to connect the
worker to a cable tht stetches along the lengt of the platform.
The raoad spur in queon termtes on Crown Pacifc's propert no fuer th 150
yards west of the platforms. No other rail users are afected as the trckage is used only for the
temporar storage of idle chip car.
The Commsion may grt exemptions from its Clearance Rule "upon proper application
or notice from the caers, induses, or other intersted persons. An Application for Exemption..
must be accompaned by a ful sttement of the conditions existing and the reasons why the
exemption is requested. Any exemption grted shall be limited to the paricular case covered by
the Application." IDAPA 31.71.01.008.
NOTICE OF MODIFIED PROCEDURE
YOU AR HEREBY NOTIFIED that the Commssion has determined that the public
interest m~y not requie a form heag in ths matter and will proceed under Modified Procedure
pursuat to Rules 201 though 204 of the Idao Public Utilities Commission's Rules of Procedure,
IDAPA 31.01.01.201 though -.204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a wrtten comment in support or opposition with the Commission within
twenty-one (21) days from the date of ths Notice. The comment must conta a statement of reaons
supporting the comment. Persons desiring a hearng must specifically request a hearng in their
written comments. Written comments concernng ths application shall be mailed to the
Commission and the Applicant at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
POBOX 83720
BOISE, IDAHO 83720-0074
CROWN PACIFIC
K.C.HANSEN
SAFTYÆNONMAL COMPLIACE MGR
SOUTH 200 HUTTR ROAD
POBOX 729
COUERD'ALEN, IDAHO 83816Street Address for Express Mail:
472 W WASHIGTON ST
BOISE, IDAHO 83702-5983
'.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUREORDER NO. 27943 -2-
l
These comm~nts should conta the case caption and case number shown on the fist page of ths
document.
YOU AR FUTHR NOTIIED tht if no wrtten comments are received within the
tie limt set, the Commssion wil consider ths matter on its merits and enter its Order without a
formal hearg. If wrtten comments are received with the time limt set, the Commission wil
consider them and, in its discretion, may set the sae for form~ hearg.
ORDER
IT is HEREBY ORDERED that Crown Pacific's request be processed under Modified
Procedure. Interested persns ar encoured to submit comments regarg ths exemption request
with 21 days of the date of ths notice.
IT is FURTHR ORDERED tht the Commssion Secreta serve a copy of this notice
upon the afected raoad, its ral unons, Crown Pacific's employee association (if any), and other
interested persons.
DONE by Order of the Idaho Public Utilities Commssion at Boise, Idao ths';¿' U
day of Febru 1999.
ATTEST:,~~~
MymaJ. Walters
Commssion Secreta
vld/O:BN-RR-99- i.dh
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURORDER NO. 27943 -3-
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Attchment to Notice of Application,
Notice of Modified Procedure, Case
No. BN-RR-99-1, Order No. 27943