20200306Comments.pdf

JOHN R.HAMMOND JR.(ISB #5470)
DEPUTY ATTORNEY GENERAL '
IDAHO PUBLIC UTILITIES COMMISSION l Mi -6 PM D 59P.O.BOX 83720
BOISE,IDAHO 83720-0074
[phone] 89ÜN
Street Address for Express Mail:
11331 W.CHINDEN BLVD.,BLDG.8,ATE.201-A
BOISE,IDAHO 83704
Attorneyfor Commission Staff
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 )STAFF COMMENTS
SECTION OF ITS RAIL LINE IN )BONNEVILLE COUNTY,IDAHO )
COMES NOW the Commission Staff ("Staff')of the Idaho Public Utilities
Commission,by and through its attorney of record,John R.Hammond Jr.,Deputy Attorney
General,submits the followingcomments on Eastern Idaho Railroad LLC's ("EIRR")proposed
notice of intent to abandon a rail line in Idaho Falls,Idaho.
BACKGROUND
On February 14,2020,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,and is more specifically described as:
Extending from milepost 184.14 (immediately southeast of the grade crossing
with the Yellowstone Highway),to milepost 184.90 (northof the grade crossing
with W.Broadway Street).
EIRR Correspondence at 1.EIRR represents that no local traffic has moved over the Line for at
least two (2)years,and overhead traffic,if any,can be diverted to other routes.Id.EIRR
STAFF COMMENTS 1
represents the Line does not contain federally granted rights-of-wayand will be made available
promptly to those requesting it.Id.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 §1152.50(d)(l).
STAFF COMMENTS
Although the authority to grant or deny abandonment rests with the Surface
Transportation Board ("STB")and is governed by 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).
Staff has inspected the Line and confirmed it hasn't been used for at least five (5)
years or more by EIRR.The Line is located squarely in the downtown core of Idaho Falls,Idaho
as shown in the image attached hereto as Exhibit A.The Line originally served trades that no
longer exist there.Currently,retail establishments,several hotels,and a library are situated next
to the Line.The abandonment of the Line would also reduce the number of crossings by six,
thus creating more open space.
Based on its review of this matter Staff believes that abandonment of the Line would
not adversely affect the area being served or impair the access of Idaho shippers to vital goods
and markets.Further,there is no evidence suggesting that the rail line has any potential for
profitability based on its location and lack of any current use.Staff recommends that the
Commission not object to or participate in any proceedings before the STB regarding this matter.
RESPECTFULLY submitted this May of March,2020.
JohnÈ,/Hammond',Jr.
I:\Lega]\RAIL\EIR-R-20-Ol\StaffComments docx Deputý Attorney General
STAFF COMMENTS 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS DAY OF MARCH 2020,SERVED
THE FOREGOING STAFF COMMENTS IN CASE NO.EIR-R-20-01,BY MAILING A
COPY THEREOF,POSTAGE PREPAID TO THE FOLLOWING:
ROBERT A WIMBISH
FLETCHER &SIPPEL LLC
29 N WACKER DR STE 800
CHICAGO IL 60606-3208
SECRETARY
STAFF COMMENTS 3
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EXHIBIT "A"