20200615Supplemental Notice.pdf

FmrcHER e. StpPELuc
Arromrsys ar Law
29North Wacker Drive
Suite 800
Chicago, Illinois 60606-3208
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(3L2)252-1504
rwimbish@fl etcher-sippel. com
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www. fl etcher-sippel. com
Jlune9,2020
Via USPS Mail
Idaho Public Utilities Commission
PO Box 837720
Boise, D 83720-0074
Re:STB DocketNo. AVl252(Sub--No. lX) E r tL- 2-J,o-o I
Eastern Idaho Railroad, L.L.C. - Abandonment Exemption -fn Bonnewille Corrnfv- fdnho
SUPPLEMENTAL NOTICE
Dear Sir/Iv{adam:
On February 24,2020, Eastem ldaho Railroad, L.L.C. (*EIRR") filed with the Surface
Transportation Board ("STB"), Washington, D.C., a notice of exemption under 49 C.F.R. Part
1152, Subpart F - Exempt Abandonments and Discontinuances of Service and Trackage Rights,
to permit the abandonment of an approximately 0.76-mile segment of a railroad located in Idaho
Falls, Bonneville County,Idaho, extending from milepost 184.14 (immediately southeast of the
grade crossing with Yellowstone Highway), to milepost 184.90 (north of the grade crossing with
W. Broadway Street) (the "Line"). The Line traverses United States Postal Service ZIP Code
83402. The proceeding has been docketed as STB Docket No. AB-1252 (Sub-No. 1X). A map
depicting the Line is enclosed herewith.
The exemption procedures set forth at $ 1152.50 have been invoked because no local
traffic has moved over the Line for at least two years, and overhead traffic (if any) can be
diverted to other routes. Based on information now in the railroad's possession, it appears that
the land underlying the Line consists in large part, if not entirely, of federally-granted right-of-
way.l Any documentation in the railroad's possession regarding federally-granted right-of-way
will be made available promptly to those requesting it.
EIRR is providing this supplemental notice in accordance with a decision served by the
STB in this docket on June 5,2020, in which the STB noted the discrepancy between EIRR's
I In a notice previously provided to you, EIRR had stated that it did not believe that the
under$ing land consisted of federally-granted right-of-way. Subsequent EIRR investigation,
and input from the City of Idaho Falls has led EIRR to determine (based upon information EIRR
has examined) that the Line appears to contain a considerable amount of federally-granted land.
Idaho Public Utilities Commission
June9,2020
Page2
original statements regarding no federally-granted rights-of-way, and a subsequent filing in
which EIRR advised the STB that it appeared that the Line's righrof-way (orparts of it) had
been granted to EIRR's original predecessor by the federal government. To correct that
discrepancy, the STB has directed EIRR to supply you with a revised notice of abandonment,
clariffing our understanding that the Line contains federally-granted rights-of-way. Contingent
upon compliance with the STB's direction, and subject to EIRR's certification to the STB of its
compliance with the sarne, EIRR's abandonment authoization was permitted to take effect,
provisionally, as ofJune 5,2020.
If you have any questions about the abandonment notice of exemption that EIRR has
filed, the STB's decision of June 5,2020, or EIRR's compliance with the order set forth in that
decision, please review the applicable regulations or contact me at 312-252-1504 or the Surface
Transportation Board, 395 E Street SW Washington, DC 20423-0001; TEL: [phone].
Sincerely,
R. A. lllfud>i,*lv
Robert A. Wimbish
Attomey for Eastem Idaho Railroad, L.L.C.
Enclosure
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