19990407Order No 27992.pdf

e e Offce of the Secretar
Servce Date
April 7, 1999
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) CASE NO. BNR-R-99-2
FILED BY IDAHO FOREST INDUSTRIS FOR )
AN EXEMPTION FROM THE COMMISSION'S )
RAILROAD CLEARANCE RULES, IDAPA ) ORDER NO. 2799231.71.01.000 ET SEQ. )
)
In November 1998, the Commssion received a request from Idaho Forest Industries (IFI)
seeking a waiver or an exemption from the Commssion's Railroad Clearance Rules, IDAP A
31.71.01.000 et seq. The Company constructed netting platform along the side and above the
Railroad's industrial spur track at IFI's Atlas plant near Coeur d Alene. As constructed, the
platforms do not comply with the Commssion's side and overhead clearance standards found in
Clearance Rules 201, 204 and 301. On March 11, 1999, the Commssion issued Order No. 27962
seeking comments regarding IFI's request for an exemption. The Commssion Staf was the only
pary to file comments in response to the Commssion's Order.
THE APPLICATION
As set out in the Commsion's Order No. 27962, the platforms were constructed on each
side of the chip loading track and are 60 feet in length and approxiately 3 feet in width. The
platforms are approximately 12 feet from the top of the rails. The inside edges of the platform and
their initial support structures are 7 feet 7-1/4 inches from the center line of the track. The
Commission's Side Clearance Rule 301 requires a side setback from the center line of tracks of8
feet 6 inches. IDAPA 31.71.01.301.
At the rear of each platform is a structure that supports a 120-foot tethering cable. The
cable rus from the rear of the platform to the chip loading structure. Wearng an OSHA mandated
safety haress, IFI workers connect themselves to the cable. This supporting structure is 23 feet 4
inches above the top of the rails. The Commssion's Rule 201.02 requires an overhead clearance of
23 feet 6 inches. Finally, the chip loading "hood" apparatus also intrudes into the "arch" overhead
clearance zone required by Rule 204.
ORDER NO. 27992 1
e e
The chip loading facilty and rail spur were instaled in 1986 but have seen limited
service until recently. The spur line in question terminates on IFI's propert no fuer than 150 feet
beyond the chip car loader. There are no other rail users that are affected by these impaired
clearances.
STAFF COMMNTS
In its comments, the Staff recommended that the Commission grant the exemptions
requested by IFI conditioned upon the intalation of "impaired clearance signs" on both sides of the
track approaching the platforms. The purose of the signs would be to advise railroad and IFI
employees that there are impaired clearances ahead. The Staff recommended that the signs have a
white ref1ectorized background and black lettering of at least 3 inches in height. The Sta proposed
that the signs read "IMP AIRED SIDE AN OVERHAD CLEARCES AHAD" and that these
signs be placed 10 feet from the center line to comply with Clearance Rule 301.
DISCUSSION
Clearance Rule 8 provides that the Commssion may grant exemptions from its Clearance
Rules "upon proper application or notice from the cariers, industries, or other interested persons."
IDAPA 31.71.01.008. The Commission is empowered to grant exemptions but such exemptions
"shall be limited to the paricular case covered by the Application." ¡d. The Application must be
accompanied by a ful statement of the conditions existing and the reasons why an exemption is
requested.
After reviewing the Application and the Staff s comments, we find that it is reasonable
to grant IFI exemptions from our Railroad Clearance Rules conditioned upon the intallation of the
"impaired clearance" signs. As the Staff noted in its comments, the netting platforms were
constrcted to rectify safety concerns when employees place cargo nets over the loaded chip cars.
We fid that the signs will afford appropriate warngs to persons riding on the side or top of the rail
cars that overhead and side clearances are impaired at the chip loading facility.
ORDER NO. 27992 2
.e e
ORDER
IT is HEREBY ORDERED that the exemptions requested by IFI be granted conditioned
upon the installation of the impaired clearance signs discussed in the body of this Order.
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-99-2
may petition for reconsideration within twenty-one (21) days of the service date of ths Order with
regard to any matter decided in ths Order or in interlocutory Orders previously issued in this Case
No. BNR-R-99-2. Within seven (7) days after any person has petitioned for reconsideration, any
other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 7Lt
day of April 1999.
~.¡~
MARSHA H. SMITH, COMMISSIONER
~tIP MJAN ER, COMMISSIONER
ATTEST:
~Myra J. Walters
Commission Secreta
vld/O:BNR-R-99-2.dh3
ORDER NO. 27992 3