20090929final_order_no_30909.pdf

Office of the Secretary
Service Date
September 29, 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 ORDER NO. 30909
CASE NO. PRC-09-
INTRODUCTION
On May 22, 2009, the Commission received correspondence from the Idaho
Department of Environmental Quality ("IDEQ") regarding Palouse River Coulee City
Railroad's ("PRCCR" or "the 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 environmental and historical effects
accompanying the proposed abandonment. The Company also submitted a map of the affected
area.
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 US.C. 99 10502 and 10101.
Under STB procedures, once the exemption is filed, the STB must then 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.
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).
July 22, 2009, PRCCR petitioned the STB for an abandonment exemption for the three-mile
section of its rail line described herein. See STB Docket No. AB-570 (Sub-No. 3X). On August
, 2009, the STB issued a Notice of Exemption in the Federal Register in the aforementioned
case. On September 1 , 2009, the Commission issued a Notice of Proposed Abandonment and
Notice of Telephonic Hearing to be held on September 15, 2009 in the Commission s Hearing
Room.
ORDER NO. 30909
THE PROPOSED ABANDONMENT
PRCCR stated that the rail lines subject to abandonment "are in poor condition and in
need of substantial rehabilitation." PRCCR Environmental Report at 2. The Company stated
that the rail lines subject to abandonment:
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 I. Upon receiving authority for abandonment, PRCCR intends to "remove the rail, track
material and ties.Id. The Company states that there is one small bridge located on the rail line.
Id. Local entities have expressed an interest in "rail-banking all or most of the Lines.Id. The
bridge and ballast will not be removed. Id. at I , 7.
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.
PUBLIC HEARING AND COMMENTS
The Commission held a telephonic public hearing on September IS, 2009. The
Commission took the testimony of Jeffrey Lannigan. See Tr. at 6-8. Mr. Lannigan identified
himself as a "railroad advocate" and a local Moscow, Idaho area resident. Id. at 7. Mr.
Lannigan commented on the proposed abandonment by stating that "there was almost a mile of
that line that was completely rebuilt a year ago. . . .Id. at 8. Mr. Lannigan was unaware as to
whether any shippers were currently being served by the portion of the Line subject to the
abandonment. Id.
The Commission also received written comments from John Cardwell, IDEQ
Regional Administrator, identifying specific water quality and environmental concerns
pertaining to the proposed abandonment and addressed to the Section of Environmental Analysis
SEA") of the STB. These concerns were forwarded to the SEA in accordance with Idaho Code
9 64-424, Idaho Executive Order No. 98-08 and pursuant to the Commission s approval of
IDEQ's comments. Id. at 1-
ORDER NO. 30909
DISCUSSION AND FINDINGS
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).
As noted during the hearing, the date for issuing comments concerning the STB'
decision regarding the proposed abandonment has passed. See Tr. at 2; see also STB Docket No.
AB-70 (Sub-No. 3X), Notice of Exemption, Service Date - August 11 2009, at 2. Further, after
reviewing the entire record in this proceeding, including the Company s Petition for Exemption
Environmental Materials, IDEQ comments and public testimony, the Commission finds that
issuing comments to the STB is not warranted. The Commission is satisfied that the concerns
offered by IDEQ to the SEA have been adequately addressed by the STB and incorporated into
the STB's Order approving PRCCR's proposed abandonment. See STB Decision, Docket No.
AB-70 (Sub-No. 3X), at 3 (ordering PRCCR to "develop a hazardous waste contingency plan
and consult with Idaho DEQ regarding salvaging and abandonment procedures, and report the
results of the consultations in writing to SEA prior to the onset of salvage operations.
ORDER
IT IS HEREBY ORDERED that this case be closed. The Commission will not file
comments with the STB regarding this abandonment.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order with regard to any matter decided in this Order. Within seven (7) days
after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. Idaho Code 99 61-626.
ORDER NO. 30909
fI'DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this ;19
day of September 2009.
D. K MPTON, P SIDENT
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, COMMISSIONER
ATTEST:
~iD ftd1D. JewellC. mission Secretary
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ORDER NO. 30909