20090901notice_of_proposed_abandonment.pdf

Office of the Secretary
Service Date
September 1, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF P ALOUSE RIVER & COULEE CITY
RAILROAD FOR APPROVAL TO
ABANDON A THREE-MILE SECTION OF
ITS RAIL LINE IN MOSCOW, IDAHO
CASE NO. PRC-09-
NOTICE OF
PROPOSED ABANDONMENT
NOTICE OF
TELEPHONIC HEARING
ORDER NO. 30891
BACKGROUND
On May 22, 2009, the Commission received correspondence from the Idaho
Department of Environmental Quality (IDEQ) regarding Palouse River & Coulee City Railroad'
(PRCCR or Company) proposal to abandon a three-mile section of its rail line in Moscow, Idaho
adjacent to Paradise Creek. On June 29, 2009, PRCCR submitted Environmental and Historic
Reports describing the expected environmental and historical effects accompanying the proposed
abandonment. The Company also submitted a map of the affected area. On July 10, 2009
PRCCR notified the Commission of its intent to file, on or shortly after July 20, 2009, a Notice
of Exemption with the Surface Transportation Board (STB).
STATE LAW
Although the authority to grant or deny 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 9 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 9 62-424(2).
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30891
NOTICE OF PROPOSED ABANDONMENT
YOU ARE HEREBY NOTIFIED that PRCCR has filed a Notice of Intent to File a
Notice of Exemption with the Commission. The Company states that the rail lines subject to
abandonment "are in poor condition and in need of substantial rehabilitation.
Environmental Report at 2. The rail lines subject to abandonment:
PRCCR
are located between (1) milepost 84.0 at the Washington-Idaho State Line and
milepost 85., in Moscow, ID; (2) milepost 86.11 and milepost 86., in
Moscow; and (3) milepost 85.5 and the end of the line at the intersection of A
Street and Almon Street, in Moscow. The Lines traverse Zip Code 83843.
Id. at 1. Once the Company receives authority for abandonment it intends to "remove the rail
track material and ties.Id. The Company states that there is one small bridge located on the
rail line at issue in this case. Id. Local entities have expressed an interest in "rail-banking all or
most of the Lines.Id. Therefore, the bridge and ballast will not be removed. Id. at 1 , 7.
YOU ARE FURTHER NOTIFIED that PRCCR claims that the "proposed
abandonment of the rail lines will have no adverse effect on regional or local transportation
systems and patterns" because "no local or overhead traffic has been handled on the Lines in
over two years.Id. at 2. "There is little or no likelihood that the rail corridors are needed for a
transit or highway corridor.Id. at 3.
YOU ARE FURTHER NOTIFIED that PRCCR has filed a Notice of Exemption with
the STB. STB Docket No. AB-570 (Sub-No. 3X). The exemption process allows railroads to
abandon rail lines if the abandonment is of limited scope and does not adversely affect national
rail policy. 49 U.c. 99 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.
NOTICE OF TELEPHONIC HEARING
YOU ARE FURTHER NOTIFIED that the Commission has scheduled a telephonic
hearing in this matter to commence at 10:00 A.M. (MOUNTAIN STANDARD TIME) ON
SEPTEMBER 15. 2009. IN THE COMMISSION HEARING ROOM. 472 WEST
WASHINGTON STREET. BOISE. IDAHO.Persons wishing to offer their testimony
telephonically or listen to the proceedings may dial 208-334-0391. The purpose of the hearing
is to take public testimony as to whether the Palouse River Coulee City Railroad'
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30891
abandonment of an approximately three-mile section of rail line in Moscow, Idaho 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" and then "Rail Cases." The Environmental
and Historic Reports describe any expected environmental and historic effects of the proposed
abandonment.
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 (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 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: secretarYCfYpuc.idaho.gov
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Idaho Code 9 62-424.
ORDER
IT IS HEREBY ORDERED that the Commission shall convene a public telephonic
hearing in this matter as set out above.
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30891
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this J I $
day of August 2009.
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D. KEMPTON PRES ENT
Li~
f\RSHA H. SMITH, COMMISSIONER
ATTEST:
O:PRC-09-0 1- np
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30891