28010.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE PETITION OF IDAHO TRANSPORTATION DEPARTMENT FOR AMENDMENT TO AN IPUC RAILROAD CLEARANCE RULE. )
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) CASE NO. 31-7101-9901

NOTICE OF PETITION

NOTICE OF MODIFIED PROCEDURE

ORDER NO.  28010

YOU ARE HEREBY NOTIFIED that on January 28, 1999, the Commission received a request from the Idaho Transportation Department (ITD) asking the Commission to amend one of its Railroad Clearance Rules. IPUC Rule 201.02 requires an overhead clearance of 23 feet 6 inches for structures over railroad tracks installed or constructed after September 1, 1980. IDAPA 31.71.01.201. According to ITD’s request, the Federal Highway Administration requires a clearance of 23 feet and the major railroad companies in Idaho require either a clearance of 22 feet 6 inches or 23 feet. The Department requests that the Commission change its rule to lower the 23 foot 6 inch requirement. ITD recommends that the rule allow for a “vertical clearance required by the owner of the railroad tracks or 22 feet 6 inches, whichever is higher.” The Commission is considering whether to amend Railroad Clearance Rule 201.02 as proposed by ITD.
YOU ARE FURTHER NOTIFIED that Idaho Code § 67-5230 allows a person or entity to petition for the adoption, amendment or repeal of the rule. When a request is received, the state agency must either deny the request or initiate a rulemaking proceeding. The Commission has determined to initiate a rulemaking by issuing a Notice of Petition and Notice of Modified Procedure to request comments on ITD’s proposal. If no objections to the proposal are received and the Commission agrees with the Department’s request, a final order will be adopted proposing the requested rule change. This process qualifies as an “informal” negotiated rulemaking pursuant to Idaho Code § 67-5220 and IDAPA 04.11.01.800-810. Once a final order is issued, the proposed rule change will be forwarded to the State Rules Coordinator.
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 the proposed rule change 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 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 ROBERT LINKHART
IDAHO TRANSPORTATION DEPARTMENT
PO BOX 7129
BOISE, IDAHO 83707-1129
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.

O R D E R
IT IS HEREBY ORDERED, upon preview of the filings in this case and the determination of the Commission, that the Petition of the Idaho Transportation Department for an amendment to the Commission’s Railroad Clearance Rule 201.02 be processed by Modified Procedure, IDAPA 31.01.01.201-04, as an informal, negotiated rulemaking proceeding.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of April 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

Myrna J. Walters
Commission Secretary

vld/O:71019901_ws.doc
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.  28010 1

Office of the Secretary
Service Date
April 22, 1999