19990330Staff Comments.pdf

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DONALD L. HOWELL
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
PO Box 83720
Boise, ID 83720-0074
Tele: [phone]
FAX: [phone]
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PUM,L", " . tJ 1(;J i ¡UTIES COMMISSION
Street Address for Express Mail:
472 W Washington
Boise, ID 83702-5983
Attorney for the Commission Staff
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 CLEARNCE RULES, IDAPA )31.71.01.000 ET SEQ. )
)
CASE NO. BNR-R-99-2
COMMENTS OF THE
COMMISSION STAFF
COMES now the Regulated Carer Staff of the Idaho Public Utilties Commission by
and through its attorney of record and submits the following comments in the above-referenced case.
On March 11, 1999, the Commssion issued Order No. 27962 soliciting comments on Idaho Forest
Industries' request for a waiver or exemption from the Commission's Railroad Clearance Rules,
IDAPA 31.71.01.000 et seq. The Company has constrcted netting platforms at its Atlas Plant near
Coeur d Alene, Idaho. As constrcted, the platforms intrude into the side and overhead clearances
required by the Commssion's Clearance Rules 201, 204 and 301. The platforms were constrcted
to improve worker safety when employees are covering loaded chip cars with cargo nets.
After reviewig the Application submitted by Idaho Forest Industries, the Commission
Sta recommends that the Commission grant the requested exemption. Clearance Rule 8 provides
that the Commission may grant exemptions from its clearance rules upon proper application from
the industr involved. IDAP A 31.71.01.008. As the Commission noted in its Order, the platforms
were erected to address safety concerns when covering loaded chip cars with cargo nets.
Unfortunately, rectifying one safety concern impaired the side and overhead clearance for
COMMNTS OF TH COMMISSION STAFF 1
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individuals that might be riding on the side or top of rail cars as they are positioned at the chip
loading facility.
Staff recommends that the Commission grant the exemption upon the condition that
Idaho Forest Industres erect "impaired clearance signs" on both sides of the track approaching the
platforms. Each sign should be 16 inches vertically by 20 inches horizontally. The signs should
have a white reflectorized background and black lettering of at least 3 inches in height. The sign
should read "IMP AIRED SIDE AN OVERHEAD CLEARCES AHAD." The bottom of the
sign should be at least 6 feet from the top of the rail and the edge of the sign closest to the tracks
should be erected so that it is no closer than 10 feet from the track center line. The purose of the
sign would be to advise railroad and IFI employees that there are impaired clearances ahead.
RESPECTFULLY submitted this30lJi day of March 1999.
Donald L. H ell, II
Deputy Attorney General
vld/:BNR-R-99-2.dh
COMMENTS OF TH COMMISSION STAFF 2