Johnson_bp.doc

May 5, 1999

Daniel M. Johnson
Attorney at Law
404 Oak Street
PO Box 36
NezPerce, ID 83543

Dear Mr. Johnson:

I have been asked to respond to your letter to the Commissioners dated April 20, 1999, regarding fees imposed by railroad companies for crossings. I have consulted with one of the Commission’s attorney’s who informs me that the relevant Idaho statutory law is contained within Idaho Code §§ 62-301-309. Although I am not an attorney, it is my understanding that the Commission’s jurisdiction arises only with respect to “public” railroad crossings. Generally defined, this would include any public roadway.

The letter from Camas Prairie RailNet, Inc. included with your letter to this Commission, indicates that the crossings for which RailNet seeks to impose fees involve “private” roads. Although it is not immediately apparent to me why the City would be asked to pay for private railroad crossings. If this is the case, it is my opinion that the Commission does not have jurisdiction over this dispute. Nonetheless, if you wish a formal ruling by the Commission, I urge you to contact Deputy Attorney General Brad M. Purdy at [phone] and he will explain the process to you. I hope that this has been of assistance to you.

Very truly yours,

Ron Law
Executive Administrator
Idaho Public Utilities Commission

Vld/L:johnson_bp.doc