Mular_dh.doc

March 1, 2000

James Mular
440 Roosevelt Drive
PO Box R-1
Butte, MT 59701

Re: Idaho Freight Agencies

Dear Jim,

Pursuant to our telephone conversations earlier this week, I have enclosed for your review four orders dealing with freight agencies in Idaho. The Order you and I were trying to remember is Order No. 19866, which authorized the closure of the Coeur d’Alene agency on a trial basis and moved it to Spokane. As you can see, that Order was issued in August 1985. Order No. 21003 was the January 1987 decision continuing the trial.

The other two orders that I have enclosed discuss the current status of freight agencies. In Order No. 26548 issued August 8, 1996, you will note that the Commission authorized the creation of four regional customer service centers in the mid-1980s. See Order No. 26548 at 2 and footnote 1 citing Order No. 19866. In 1988, the Commission authorized the closure of the regional customer service centers and the transfer of their functions to the UP’s National Customer Service Center located in St. Louis. Id. citing Order No. 21876.

Finally, Order No. 26971 issued in June 1997 represents the final chapter in freight agencies. As indicated in that Order, the Burlington Northern-Santa Fe brought a suit against the Commission seeking to preempt this Commission’s jurisdiction over freight agencies. In that Order, the Commission concluded that its authority to regulate the economic activities of railroad agencies was preempted by the federal ICC Termination Act of 1995. See Order No. 26971 at 6. The Commission does retain its residual authority over safety and other non-economic activities (e.g., abandonment proceedings).

I hope you find this information instructive. If I can be of further assistance, please do not hesitate to contact me at [phone].

Sincerely yours,

Donald L. Howell, II
Deputy Attorney General

Enclosures

cc: Ron Law

vld/L:Mular_dh
James Mular
March 1, 2000
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