28507.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF PALOUSE RIVER & COULEE CITY RAILROAD, INC.’S INTENT TO ABANDON THE HARVARD-BOVILL BRANCH LINE LOCATED IN LATAH COUNTY, IDAHO.

)
)
)
)
)
)
)
)
)
)
)
CASE NO. PRC-R-00-1

NOTICE OF INTENT TO ABANDON A RAIL LINE

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 28507

On August 28, 2000, Palouse River & Coulee City Railroad, Inc. notified the Idaho Public Utilities Commission that it intends to file a Notice of Exemption with the Surface Transportation Board (STB) to abandon the Harvard-Bovill branch line located in Latah County, Idaho. This branch is approximately 26 miles in length running between milepost (MP) 21.0 and MP 47.0 in rural Latah County. The STB is an entity of the U.S. Department of Transportation and is authorized to grant or deny rail line abandonments. Palouse River anticipates that it will file its exemption notice on or about September 12, 2000.
NOTICE OF INTENT TO ABANDON
YOU ARE HEREBY NOTIFIED that Palouse River indicates that it will file an “exemption” application pursuant to 49 C.F.R. § 1152.50(d). Unlike the traditional abandonment application process, the exemption process allows a railroad to abandon a branch line in as few as 30 days. There is no requirement to file a Notice of Intent to Abandon or file annual system diagram maps showing lines in jeopardy. To be eligible to file an exemption application, 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 application 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 application.
YOU ARE FURTHER NOTIFIED that the Railroad states in its draft Environmental and Historical Report that no rail traffic has used this line since Palouse River acquired the line from the Burlington Northern Railroad in September 1996. The draft Environmental Report also states there are no active rail shippers located along the line. The Railroad maintains that the line is in poor condition and would require substantial rehabilitation if the line was placed back into service.
YOU ARE FURTHER NOTIFIED the Railroad maintains that the right-of-way (ROW) is predominantly 100 feet in width. From Harvard, the line generally runs in an easterly direction through the communities of Stanford, Vassar, Avon, Deary, Hemer and Bovill. The Railroad intends to remove all the rail, track material and cross ties but has no plans to remove any of the bridge structures on the line.
YOU ARE FURTHER NOTIFIED that the line essentially parallels State Highways 8 and 9 in Latah County. The Railroad maintains that there is little or no likelihood that the rail right-of-way would be needed for a highway corridor. The line has historically been used to transport lumber and forest products. The Railroad maintains that there are seven bridges on the line and have no historical significance.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that given the lack of rail traffic on this branch, the public interest may not require a formal hearing. This matter will be processed 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 Palouse River & Coulee City’s intent to abandon the Harvard-Bovill line may file a written comment in support or opposition with the Commission no later than September 22, 2000. 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 SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, ID 83702-5983 Karl Morell, Esq.
Ball Janik, LLP
1455 F Street, Suite 225
Washington, DC 20005

Attorney for Palouse River &
Coulee City Railroad
All 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 the Commission finds that it is reasonable to request comments be filed on less than 21-days’ notice given the expedited nature of the STB exemption process.
O R D E R
IT IS HEREBY ORDERED that this matter be processed under Modified Procedure, IDAPA 31.01.01.201. Persons interested in this matter must file written comments with the Commission no later than September 22, 2000.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of September 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Barbara Barrows
Assistant Commission Secretary

bls/O:prrr001_dh

NOTICE OF INTENT TO ABANDON A RAIL LINE
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28507 3