Motion to Augment Record_dh.doc

BEFORE THE
SURFACE TRANSPORTATION BOARD

CAMAS PRAIRIE RAILNET, INC.—ABANDONMENT—IN LEWIS, NEZ PERCE AND IDAHO COUNTIES, IDAHO.
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DOCKET NO. AB-564

JOINT MOTION TO AUGMENT THE RECORD
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Pursuant to § 1117.1, the State of Idaho through the Idaho Public Utilities Commission (IPUC) and Save the Camas Prairie Railroad Committee (SCPRC) jointly petition the Board to Augment the Record in this case by including the attached documents.
Bridge Inspection Records
One of the major disputed issues in this proceeding involves the condition of rail bridges on the second subdivision from Spalding (MP 0.0) to Grangeville (approximately MP 66.5). In a discovery request dated June 23, 2000, the IPUC requested that CSPR provide copies of “all bridge inspection reports” and copies of “all FRA inspection reports.” In response to these discovery requests, CSPR provided a copy of its bridge inspection reports made during calendar year 2000. Unfortunately, copies of these inspection reports were not received by the IPUC until after it had mailed its Protest due on July 10, 2000. Exhibit No. 3 are the CSPR bridge inspection reports (all dated May 23, 2000). In particular, many of the inspection reports state “No defects found.”
The CSPR did not provide any of the requested Federal Railroad Administration (FRA) inspection reports concerning the bridges on the second subdivision. On July 24, 2000, the IPUC received two bridge inspection reports from the FRA’s regional office. The FRA bridge reports (IPUC Exhibit 4) address 36 of the 46 bridges on the second subdivision. In particular, the FRA inspection reports state “No FRA defects noted.”
Reversionary Property
Another area of dispute concerns the amount of non-reversionary property contained in right-of-way. The Nez Perce Indian Reservation was created by Treaty in 1855. As Professor Wright notes in her rebuttal verified statement, an “Act of Congress would be necessary to establish the railroad’s right to traverse the Reservation.” R.V.S. at 4. A copy of that Act of Congress (dated March 1, 1899) is attached as IPUC Exhibit 5. Section 3 of the March 1, 1899 Act, requires that the railroad pay compensation for acquiring its right-of-way. Thus, the “Schedule of Damages” parcels indicated in Exhibit A of the rebuttal verified statement of Kenneth Young and held by the Secretary of the Interior, are parcels acquired under the Act of March 1, 1899. See IPUC Protest Exhibit 2.
RESPECTFULLY submitted this _____ day of August 2000.

Deputy Attorney General

Vld/CP:Motion to Augment Record_dh
Exhibit A was inadvertently omitted from CSPR’s Reply to Protest filed July 25, 2000. Once counsel for IPUC brought this matter to CSPR counsel’s attention, Exhibit A was served upon the Board and parties on August 2, 2000.

Motion to Augment Record 2