20200227Notice_of_Proposed_Abandonment_Order_No_34565.pdf

Office of the Secretary
Service Date
February 27,2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE NOTICE OF )CASE NO.EIR-R-20-01
EASTERN IDAHO RAILROAD LLC FOR )
APPROVAL TO ABANDON A 0.76-MILE )NOTICE OF
SECTION OF ITS RAIL LINE IN )PROPOSED ABANDONMENT
BONNEVILLE COUNTY,IDAHO )
)NOTICE OF
)TELEPHONIC HEARING
)ORDER NO.34565
On February 14,2020,Eastern Idaho Railroad LLC ("EIRR"),filed correspondence
with the Commission providing notice of its intent to abandon a portion of its railroad line in Idaho.
Specifically,EIRR proposes to abandon approximately a 0.76-mile segment of railroad known
generally as the "Old Butte Main Line"in Idaho Falls,Bonneville County,Idaho (the "Line").
The Line traverses United States Postal Service ZIP Code 83402.
Although the authority to grant or deny abandonment rests with the Surface
Transportation Board ("STB")and is governedby federal law,the Commission has an obligation
under state law to hold a public hearing regarding the abandonment and to represent the State in
STB abandonment proceedings if deemed necessary.Idaho Code §62-424 provides that the
"commission shall schedule a public hearing on the proposed abandonment."The purpose of the
hearing is for the Commission to determine whether the abandonment would:(1)adversely affect
the area being served;(2)impair the access of Idaho shippers to vital goods and markets;and,(3)
whether the rail line has potential for profitability.If the Commission finds that the abandonment
would be adverse to the public interest,then it may represent the State in the STB abandonment
proceeding.Idaho Code §62-424(2).
NOTICE OF PROPOSED ABANDONMENT
YOU ARE HEREBY NOTIFIED that on February 24,2020,EIRR filed a Verified
Notice of Exemption with the STB,Docket No.AB-1252 (Sub-No.IX)seeking to employ the
expedited exemption process to abandon the Line.See 49 C.F.R §l l52.50(d)(l).EIRR represents
that no local traffic has moved over the Line for at least two (2)years,and overhead traffic,if any,
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO.34565 1
can be diverted to other routes.The Company represents the Line does not contain federally
granted rights-of-wayand will be made available promptlyto those requesting it.
YOU ARE FURTHER NOTIFIED that the Line is a 0.76-mile section of railroad line
in Idaho Falls,BonnevilleCounty,Idaho,more specifically described as:
Extending from milepost 184.14 (immediately southeast of the grade crossingwiththeYellowstoneHighway),to milepost 184.90 (north of the grade crossingwithW.Broadway Street).
YOU ARE FURTHER NOTIFIED that the STB's exemption process allows railroads
to abandon rail lines if the abandonment is of limited scope and does not adversely affect national
rail policy.See 49 U.S.C.§§10502 and 10101.Under STB procedures,once the exemption is
filed,the STB will publish a notice in the Federal Register within twenty(20)days.Unless stayed,
the railroad may then abandon the rail line 30 days after the notice is published in the Federal
Register.
NOTICE OF TELEPHONIC HEARING
YOU ARE FURTHER NOTIFIED that the Commission has scheduled a telephonic
hearing in this matter to commence at 2:00 PM (MST)ON March 10,2020,IN THE
COMMISSION HEARING ROOM,11331 W.Chinden Blvd.,BLDG 8,Suite 201-A,BOISE,
IDAHO.Persons wishing to offer their testimony telephonicallyor listen to the proceedings may
dial 1-800-920-7487at the designated time and enter the passcode 6674832#when prompted.
The purpose of the hearing is to take public testimony on whether the abandonment of
the Line would be adverse to Idaho's public interest.EIRR,any shipper,local governmentleaders,
and any other interested persons are encouraged to testify.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted in accordance
with the Commission's Rules of Procedure,IDAPA 31.01.01.000et seq.
YOU ARE FURTHER NOTIFIED that the Commission finds that the public necessity
requires the telephonic hearing be held on less than fourteen (14)days-notice.See IDAPA
31.0 1.0 1.241.0 1.
YOU ARE FURTHER NOTIFIED that EIRR's notice to the Commission is available
for public inspection during regular business hours at the Commission's office,or on the
Commission's Website at www.gucidahogovby clicking on "File Room,"then "Rail Cases."
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO.34565 2
YOU ARE FURTHER NOTIFIED that all hearings in this matter will be held in
facilities meeting the accessibility requirements of the Americans with Disabilities Act (ADA).
Persons needing the help of a sign language interpreter or other assistance in order to participate
in or to understand testimony and argument at a hearing may ask the Commission to provide a sign
language interpreter or other assistance at the hearing.The request for assistance must be received
at least five (5)working days before the hearing by contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
E-Mail:
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter under Idaho Code §62-424.The Commission may enter any final Order consistent with
its authorityunder Titles 61 and 62.
ORDER
IT IS HEREBY ORDERED that the Commission shall convene a telephonic hearing
in this matter that will commence on Tuesday,March 10,2020,at 2:00 p.m.(MST)in the
Commission Hearing Room.
NOTICE OF PROPOSED ABANDONMENTNOTICEOFTELEPHONICHEARING
ORDER NO.34565 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this À
day of February 2020.
PAUL KJELLANDER,RESIDENT
KRI E RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian
Commission Secretary
EIRR2001_NtcAbandonment_NOHjrh
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONICHEARING
ORDER NO.34565 4