20070509notice_of_hearing_order_no_30313.pdf

Office of the Secretary
Service Date
May 9, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE P ALOUSE RIVER
& COULEE CITY RAILROAD'S INTENT TO
ABANDON 0.2 MILES OF RAILROAD LINEIN MOSCOW, IDAHO.
CASE NO. PRC-06-
NOTICE OF
PROPOSED ABANDONMENT
NOTICE OF HEARING
ORDER NO. 30313
On April 30, 2007, Palouse River & Coulee City Railroad filed a Petition for
Exemption with the u.s. Surface Transportation Board (STB). The Petition seeks to abandon
2-miles of track in Moscow, Idaho. The exemption process allows railroads to abandon rail
lines if the abandonment is oflimited scope and does not adversely affect national rail policy. 49
C. gg 10502 and 10101. Under STB procedures, once the exemption is filed, the STB will
publish a notice in the Federal Register within 20 days. Unless stayed, the Railroad may then
abandon the rail line 30 days after the notice is published in the Federal Register.
STATE LAW
Although the authority to grant or deny an abandonment rests with the STB and is
governed by federal law, the Commission has an obligation under state law to hold a public
hearing regarding the abandonment, and to represent the State in STB abandonment proceedings
if deemed necessary. Idaho Code g 62-424 provides that the "commission shall 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 a potential for profitability. If the Commission finds that the abandonment would be
adverse to the public interest, then it may represent the State in the STB abandonment
proceeding. Idaho Code g 62-424(2).
NOTICE OF PROPOSED ABANDONMENT
YOU ARE HEREBY NOTIFIED that the rail line and right-of-way in question runs
between milepost (MP) 85.91 and 86.11 within the City of Moscow. The rail line proposed for
abandonment generally runs between College Street/8th Street and the new bridge on U.
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF HEARING
ORDER NO. 30313
Highway 95, in the southern part of downtown and to the east of the University of Idaho campus.
See attached map. The Railroad asserts in its Petition that no local rail traffic has moved on the
line in over a year. Petition at 4. The Railroad's Historic Report notes that a parallel rail line
will remain active. The Railroad states that the line does not contain any federally granted right-
of-way. Exhibit B.
YOU ARE FURTHER NOTIFIED that the Railroad asserts the area surrounding the
line is undergoing commercial redevelopment and the existence of the rail line is impeding this
redevelopment. Petition at 4. The Railroad reports that only one car was shipped on the subject
line in 2006 and the only shipper, Moscow Idaho Seed Company, has closed its facilities. The
Railroad maintains that once the area is redeveloped, there is no possibility that future rail
service will be needed. Id. The Railroad concludes that the exemption process is appropriate
given the limited scope of the abandonment in this case.
NOTICE OF HEARING
YOU ARE FURTHER NOTIFIED that the Commission has scheduled a public
hearing in this matter to commence at 11:00 A.M. (MOUNTAIN STANDARD TIME) ON
TUESDAY. MAY 29. 2007. IN THE COMMISSION HEARING ROOM. 472 WEST
WASHINGTON STREET. BOISE. IDAHO (208-334-0330)Persons wishing to offer their
testimony telephonically or listen to the proceedings may dial 601-354-1086 and enter
Participant Code 263892.(This is a toll free call.) The purpose of the hearing is to take public
testimony as to whether the abandonment of the 0.2 miles of rail right-of-way in Moscow would
be adverse to Idaho s public interest. The railroad, any shipper, local government leaders, and
any other interested persons are encouraged to testify.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted in accordance
with the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that the Railroad's Petition for Exemption
Environmental and Historic Reports, together with any attachments have been filed with the
Commission and are available for public inspection during regular business hours at the
Commission offices. The Petition and Reports are also available on the Commission s Website
at www.puc.idaho.gov by clicking on "File Room " then "Rail Cases." The Environmental and
Historic Reports describe any expected environmental and historic effects of the proposed
abandonment.
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF HEARING
ORDER NO. 30313
YOU ARE FURTHER NOTIFIED that all workshops and hearings 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:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary~puc.idaho.gov
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Idaho Code g 62-424.
ORDER
IT IS HEREBY ORDERED that the Commission shall convene a public hearing in
this matter as set out above.
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF HEARING
ORDER NO. 30313
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
q-I-A
day of May 2007.
PAUL KJELLAN ER, PRESIDENT
rJ
~-'
RSHA H. SMITH, COMMISSIONER
, OMMISSIONER
ATTEST:
Co mission Secretary
O:PRC-06-Ntc of Hearing
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF HEARING
ORDER NO. 30313
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Palouse River & Coulee City Railroad Abandonment
Moscow, Idaho
Case No. PRC-O6-