25928.docx

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE ABANDONMENT OF IDAHO NORTHERN & PACIFIC RAIL­ROAD COMPANY’S ABANDONMENT OF THE COUNCIL BRANCH IN WASHINGTON AND ADAMS COUNTIES.
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CASE NO. IN-RR-95-1
NOTICE OF PETITION
NOTICE OF HEARING
ORDER NO. 25928
On February 21, 1995, Idaho Northern & Pacific (IN&P) Railroad Company notified this Commission that it intended to file a Petition with the Interstate Commerce Commission (ICC) to abandon 83.1 miles of the Council branch rail line located in Washington and Adams Counties.  This branch extends from Weiser to Rubicon and provides service to the communities of Midvale, Cambridge, Council, and Tamarack.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that IN&P intends to file a Petition for Exemption with the ICC to physically abandon and discontinue operations on the Council branch extending from milepost 1.0 at Weiser to milepost 84.1 at Rubicon.  The Railroad also desires to discontinue its trackage rights over a connecting one-mile line of railroad from Union Pacific Railroad’s main line to Weiser.  Portions of the Council branch generally follow U.S. Highway 95.  Currently, train service on this branch is provided three times a week.  The maximum operating speed on the branch is 40 mph.
YOU ARE FURTHER NOTIFIED that IN&P alleges that the primary reason for abandoning this branch is the imminent closure of the Boise Cascade sawmill at Council.  Boise Cascade is the predominant shipper on the line.  The Railroad maintains that the loss of the Boise Cascade rail traffic is significant and the remaining rail traffic is insufficient to meet projecting operating costs.
YOU ARE FURTHER NOTIFIED that IN&P intends to file a Petition to be exempt from the ICC’s normal abandonment procedures.  Unlike the normal abandonment proceeding which is usually completed in approximately 200 days, the exempt proceeding may allow the Railroad to abandon the Council branch as soon as May 1, 1995, unless the ICC receives protest to the exemption proceeding.  An abandonment application usually contains specific information concerning the line’s economic and physical condition.  An exemption petition usually does not contain the detailed economic data to support the Railroad’s contention that the line cannot operate profitably.
YOU ARE FURTHER NOTIFIED that authority to grant or deny the abandonment rests solely with the ICC.  Pursuant to Idaho Code § 62-424, this Commission conducts an independent review to determine whether the abandonment would adversely affect the area being served and whether the branch has a potential for profitability.  The Commission is the agency which represents the State before the ICC.
NOTICE OF HEARING
YOU ARE FURTHER NOTIFIED that the Commission intends to convene a public hearing in this matter commencing at 2:30 P.M. ON THURSDAY, MARCH 23, 1995, IN THE WEISER COMMUNITY CENTER, 10 EAST IDAHO STREET, WEISER, IDAHO [phone].  At that time, the Commission will take testimony from the Staff, the Railroad, shippers, and other interested persons.  Testimony specifically directed to whether abandonment of the Council branch would be adverse to the public interest is invited.  Shippers’ comments should indicate annual rail car shipments for 1993, 1994, and year-to-date 1995; the commodities shipped; the destination of such commodities; the prospect for increased rail shipments; and the need for three-times a week service.  The Railroad should present evidence supporting its reasons for abandonment including revenues, traffic, operating costs, service schedule, track condition, salvage value, etc.
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this case for the purpose of presenting evidence or cross-examining witnesses must file a Petition to Intervene with the Commission pursuant to Rules 72 and 73 of the Commission’s Rules of Procedure, IDAPA 31.01.01000 et seq.  Persons desiring to present their views without parties’ rights of participation and cross-examination are not required to intervene and may present their comments without prior notification to the Commission or to other parties.
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.  Persons needing the help of a sign language interpreter or other assistance of the kind that the Commission is obligated to provide under the Americans with Disabilities Act in order to participate in or to understand the 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:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO  83720-0074
[phone]  (TELEPHONE)
[phone]  (TEXT TELEPHONE)
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this matter pursuant to Idaho Code § 62-424.  The Commission may issue Orders consistent with its authority under this section or under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that the Commission finds that there is good cause to schedule this hearing on less than 21 days’ notice given the expedited ICC proceeding in this matter.  IDAPA 31.01.01.241.
O R D E R
IT IS HEREBY ORDERED that a public hearing shall be convened on March 23, 1995 as more specifically set out in the body of this Order.  The purpose of the hearing will be to determine whether the abandonment of this branch would be adverse to Idaho’s public interest and whether the line has a potential for profitability.  Idaho Northern Railroad and current and potential shippers are encouraged to attend.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of  March 1995.

MARSHA H. SMITH, PRESIDENT

RALPH NELSON, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O-IN-RR-95-1.dh