APPMODP.docx

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF BOISE CASCADE CORPORATION SEEKING A WAIVER OF THE COMMISSION’S RAILROAD CLEARANCE RULES, IDAPA 31.71.01.000 et seq.
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CASE NO. IN-RR-95-2
NOTICE OF APPLICATION
NOTICE OF MODIFIED  
     PROCEDURE
YOU ARE HEREBY NOTIFIED that on September 15, 1995, the Idaho Public Utilities Commission received a letter from Boise Cascade Corporation requesting approval of plans to erect a raised platform which would impair the required clearance between railroad cars and fixed objects.  Specifically, the platform would limit one side clearance to 6'4" from the track centerline.  The Company proposes to erect the platform adjacent to a spur track located at its sawmill facility at Cascade, Idaho, in order to improve worker safety.  The platform would be used by workers to cover with a net for shipment loaded wood chip cars.  The Commission’s Railroad Rules 301 and 304 normally require a side clearance of 8'6" between the centerline of a rail track and fixed obstacles (IDAPA 31.71.01.301 and -.304).
YOU ARE FURTHER NOTIFIED that Boise Cascade has filed a diagram of its proposed platform.  Portions of the diagram are attached to this Notice as Appendices 1 and 2.  Persons having questions about the Application and complete diagram may contact a Commission representative at [phone] or contact Mr. James Spencer at the Boise Cascade office in Emmett, Idaho at [phone].
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that Boise Cascade’s letter will be treated as an Application for Waiver from Clearance Rules 301 and 304.  The Commission has concluded that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201-204 of the Idaho Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201 through -.204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice.  The comment must contain a statement of reasons supporting the comment.  Persons desiring a hearing must specifically request a hearing in their written comments.  Written comments concerning this application shall be mailed to the Commission and the Applicant at the addresses reflected below:
COMMISSION SECRETARYC. JAMES SPENCER
IDAHO PUBLIC UTILITIES COMMISSIONBOISE CASCADE CORPORATION
PO BOX 83720PO BOX 217
BOISE, IDAHO  83720-0074EMMETT, ID 83617
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, IDAHO  83702-5983
These comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments are received within the time limit set, the Commission will consider this matter on its merits and enter its Order without a formal hearing.  If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing.
YOU ARE FURTHER NOTIFIED that copies of this Notice will be forwarded to Boise Cascade’s labor union and to the Idaho Northern & Pacific Railroad Company.  Boise Cascade shall duplicate this Notice and post the same for public inspection at its Cascade and Emmett offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Idaho Code §§ 61-113, -129, and -515 and that the Commission may enter any final order consistent with its authority.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
DATED at Boise, Idaho this day of October 1995.

Myrna J. Walters
Commission Secretary
bls/N-inrr952.dh