20180615Decision Memo.pdf

DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:BRANDON KARPEN
DEPUTY ATTORNEY GENERAL
DATE: JUNE 7,2018
SUBJECT: PROPOSED ABANDONMENT OF A FIVE-MILE SECTION OF
EASTERN IDAHO RAILROAD'S RAIL LINE; CASE NO. EIR-R-18-01
On May 7, 2018, the Commission received correspondence from Eastern Idaho
Railroad LLC (EIRR) proposing to abandon a five-mile section of its rail line in Fremont
County, Idaho. In its letter to the Commission, EIRR identified and elaborated upon the
agency's "specific water quality and environmental project requirements and concerns" relating
to the proposed abandonment.
The Company indicated in its correspondence with the Commission that it will seek
to use the expedited exemption process to abandon this rail line. See 49 CFR i 152.50(d)(l). The
exemption process may be used if no rail traffic has moved on the line for the past two years.
Under STB procedures, once the exemption is filed, the STB will publish the notice in the
Federal Register within 20 days. Unless stayed, the railroad may abandon the line 30 days after
the notice is published in the Federal Register.
fHE COMMISSION'S ROLE IN ABANDONMENTS
The STB is the federal entity with the authority to approve or deny railroad
abandonments. However, Idaho Code $ 62-424 provides that the Commission "shall schedule a
public hearing on the proposed abandonment." The purpose of the state abandonment hearing is
for the Commission to determine whether the abandonment would: (l) adversely affect the area
being served; (2) impair the access of Idaho shippers to vital goods and markets; and (3) whether
DECISION MEMORANDUM
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the rail line has the potential for profitability. If the Commission finds that the abandonment
would adversely affect the area being served and the line has the potential for profitability, then
the Commission may represent the State of Idaho in the STB abandonment proceeding.
STAFF RECOMMENDATION
Staff recommends that the Commission issue a notice of the intended abandonment
and schedule a public hearing as required by Idaho Code $ 62-424. Because the Company
intends to use the exemption process, the abandonment may be effective in as little as 30 days
from the time the notice is published in the Federal Register. Staff believes the Company has
already filed its petition with the STB. Consequently, Staff recommends that the Commission
schedule a telephonic public hearing to take place on June 28, 2018.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Proposed Abandonment and schedule
a telephonic public hearing to take place on June 28, 2018?
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Deputy Attorney General
EIRRlS0l_memo bkl
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