20040608notice.pdf

Office of the Secretary
Service Date
June 8, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF GREAT NORTHWEST
RAILROAD'S INTENT TO ABANDON THE
J A YPE BRANCH LINE LOCATED IN
CLEARWATER COUNTY, IDAHO.
CASE NO. GNW-O4-
NOTICE OF INTENT TO
ABANDO N A RAIL LINE
NOTICE OF HEARING
On or about May 1 , 2004, the Idaho Public Utilities Commission learned that the
Great Northwest Railroad, Inc. may soon file a petition with the Surface Transportation Board
(STB) to abandon the Jaype branch line located in Clearwater County, Idaho. This branch runs
approximately 31 miles in length from Orofino at milepost (MP) 0.0 to MP 31.0 near Jaype.
Great Northwest is the successor to the Camas Prairie Railroad and is an operating subsidiary of
W ATCO. The STB is an entity of the U.S. Department of Transportation and is authorized to
grant or deny rail line abandonments.
NOTICE OF INTENT TO ABANDON
YOU ARE HEREBY NOTIFIED that Great Northwest indicated that it will likely
file a petition seeking an abandonment "exemption" with the STB. Unlike the traditional
abandonment process, the exemption process allows a railroad to abandon a branch line in as few
as 30 days. Under the exemption process there is no requirement to file a Notice of Intent to
Abandon or file annual system diagram maps showing rail lines in jeopardy. To be eligible to
file a petition for an exemption, a railroad must certify that no rail traffic has moved on the line
for the past two years and there are no outstanding complaints about the lack of rail service on
the line. Under the exemption procedure, the STB will publish a notice in the Federal Register
within 20 days after the Exemption Petition is filed. Thirty days after the Notice is published in
the Federal Register, the railroad is permitted to abandon the rail line unless the STB stays the
Exemption Petition.
YOU ARE FURTHER NOTIFIED that the branch line essentially follows Orofino
Creek between Orofino and Jaype. This line was originally constructed in 1915 by the Northern
NOTICE OF INTENT TO
ABANDON A RAIL LINE
NOTICE OF HEARlNG
Pacific Railroad. There are approximately 40 bridge structures where the rail line crosses
Orofino Creek. The line has historically been used to transport lumber and forest products.
NOTICE OF HEARING
YOU ARE FURTHER NOTIFIED that the abandonment of rail lines and the
discontinuance of rail service are governed by federal law. As this Commission has stated many
times, the authority to grant or deny the abandonment of rail lines rests with the STB, not this
Commission. However Idaho Code ~ 62-424 requires that the Public Utilities Commission
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 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.
YOU ARE FURTHER NOTIFIED that the Commission has scheduled a public
hearing in this matter to commence at 1:00 P.M. ON MONDAY, JUNE 28, 2004, AT THE
CLEARWATER NATIONAL FOREST SUPERVISOR'S OFFICE, 12730 HIGHWAY
IN OROFINO, IDAHO (1QID 476-4541 The purpose of the hearing is to obtain public
testimony as to whether the abandonment of the J aype branch line would be adverse to Idaho
public interest. The railroad, shippers, local governmental leaders, and other interested persons
are encouraged to testify.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted pursuant to the
Rules of Procedure adopted by the Idaho Public Utilities Commission. IDAP A 31.01.01.000
seq.
YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences 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 public 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:
NOTICE OF INTENT TO
ABANDON A RAIL LINE
NOTICE OF HEARING
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary~puc.state.id.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Idaho Code 9 62-424.
DATED at Boise, Idaho this
gf1 day of June 2004.
Vld/N:GNWRO401 dh
NOTICE OF INTENT TO
ABANDON A RAIL LINE
NOTICE OF HEARlNG