19990311Notice of Application, Notice of Modified Procedure, Order No 27962.pdf

e e Offce of the Secreta
Service Date
March 11, 1999
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
FILED BY IDAHO FOREST INDUSTRIES FOR )
AN EXEMPTION FROM THE COMMISSION'S )
RAILROAD CLEARANCE RULES, IDAPA )31.71.01.000 ET SEQ. )
)
)
)
CASE NO. BN-RR-99-2
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 27962
In November 1998 the Commission received a request from Idaho Forest Industres
seeking a waiver or exemption from the Commission's Ralroad Clearance Rules, IDAPA
31.71.01.000 et seq. The Company constrcted netting platforms along side and above the railroad's
spur tracks at the Company's Bonners Ferr Plant. As constrcted, the platforms do not comply with
the Commission's side and overhead clearance stadards found in Rules 201, 204 and 301. The
netting devices were built to rectify a safety hazd for Idaho Forest Industr workers. Prior to
constrcting the platforms, workers were required to car a net (used to cover the wood chips) up
a ladder on the side of a chip car, then balance on the top edge of the chip car while covering the top
of the car with the net. The Company filed this Application when it leared from Burlington
Nortern personnel that the platforms did not meet the Commission's clearance requirements.
NOTICE OF APPLICATION
The platforms constrcted by Idaho Forest Industries are 60 feet in length and
approximately 3 feet in width on both sides of the industral track used to load the chip cars. The
catwalk platforms are approximately 12 feet above the top of the rails. The inside edges of the
platforms and their initial support strctues are 7 feet 7 1/4 inches (7' 7 1/4") from the center line
of the track. See attched diagram. The Commssion's Side Clearance Rule 301 i generally requires
a setback from the center line of tracks of 8 feet 6 inches (8' 6").
lRule 301 states that the "general rule is that side clearances must be at least eight feet six inches (8' 6").
To fuer reduce operational hazds, it is recommended that, wherever practical, all posts, pipes, warning signals and
other small obstrctions be given a side clearance often feet (10' 0")." IDAPA 31.71.01.01.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUR
ORDER NO. 27962 -1-
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At the rear of the netting platforms, there is a strctue that supports a 120 foot tetherig
cable. Using an OSHA mandated safety haress, the workers connect a haress to the cable that
stretches from the back edge of the platforms, along the track between each platform, to the car
loading strctue. The supporting strctue is 23 feet 4 inches (23' 4") above the tops of the rails.
The Commission's Overhead Clearance Rule 201.02 requies a clearance of23 feet 6 inches (23' 6")
(at the center line of the track).2 Finally, although the chip loading strctue is outside the overhead
clearance zone, the loader's "hood" apparatus does intrde into the arched clearance zone. Ths "car
loading hood" which is approximately 8 feet 2 inches (8' 2") wide at its base and approximately 60
feet in lengt is 19 feet 10 5/8 inches (19' 10 5/8") above the tops of the rails. See attched diagram.
Overhead Clearance Rule 204 provides that overhead clearance may be reduced to the extent defied
by the haf-circumerence ofacircle having a radius of8 feet 6 inches (8' 6"). IDAPA 31.71.01.204.
The chip car loader and the rail spur were installed in 1986 but have seen limited servce
until recently. The rail spur termates on Idaho Forest's propert no fuer than 150 feet beyond
the chip car loader. There are no other rail users that are affected.
The Commission's Clearance Rules provide that it 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 Application for Exemption "must be accompaned by a full
statement of the conditions existing and the reasons why the exemption is requested. Any exemption
granted shall be limited to the paricular case covered by the Application." ¡d.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearg in this matter and will proceed under Modified Procedure
pursuat to Rules 201 through 204 of the Idaho 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 ths
Application may file a written comment in support or opposition with the Commssion withn
2Rule 201.02 provides that the allowable clearances for "strctues, operating appurenances, pole lines,
service facilties and trck argements begun, installed or constrcted after September 1, 1980, twenty-thee feet six
inches (23' 6")." IDAPA 31.71.01.201.02.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUREORDER NO. 27962 -2-
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twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons
supporting the comment. Persons desiring a hearng must specifically request a hearng 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
IDAHO PUBLIC UTILITIES COMMSSION
POBOX 83720
BOISE, IDAHO 83720-0074
IDAHO FOREST INUSTRIES
DOUG THOMPSON, PROJECT ENGINER
POBOX 6600
COEUR D'ALENE, ID 83816
Street Address for Express Mail:
472 W WASHIGTON ST
BOISE, IDAHO 83702-5983
These comments should contain the case caption and case number shown on the first page of this
document.
YOU AR FURTHER NOTIFIED that if no written comments are received within the
time limit set, the Commission will consider ths matter on its merits and enter its Order without a
formal hearng. If written comments are received within the time limit set, the Commssion will
consider them and, in its discretion, may set the same for formal hearing.
ORDER
IT IS HEREBY ORDERED that Idaho Forest Industries' request be processed under
Modified Procedure. Interested persons are encouraged to submit comments regarding this
exemption request within 21 days of the date of this Notice.
IT IS FURTHER ORDERED that the Commssion Secreta serve a copy of ths Notice
upon the affected railroad, its rail unons, and other interested persons.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURORDER NO. 27962 -3-
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DONE by Order of the Idaho Public Utilties Commission at Boise, Idaho this /0 't£.
day of March 1999.
lùaJí .J ~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~aGX:~
MyrnaJ. Walters
Commission Secreta
vld/O:BN-R-99-2.dh
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 27962 -4-
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Attachment 1 of 3 to Notice of
Application, Notice of Modified
Procedure, Case No. BN-RR-99-2,
Order No. 27962 A¡Ol'eJ1d;y I
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Attachment 2 of3 to Notice of
Application, Notice of Modified
Procedure, Case No. BN-RR-99-2,
Order No. 27962
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Attchment 3 of 3 to Notice of
Application, Notice of Modified
Procedure, Case No. BN-RR-99-2,
Order No. 27962
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