Gen199.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

GENERAL ORDER NO. 199

On April 22, 1999, the Commission issued a Notice of Modified Procedure and Notice of Petition to begin an informal negotiated rulemaking process to amend a Commission Railroad Clearance Rule. The amendment was proposed when the Idaho Transportation Department (ITD) requested that the Commission amend IPUC Railroad Clearance Rule 201.02, which required an overhead clearance of 23 feet 6 inches for structures over railroad tracks installed after September 1, 1980. IDAPA 31.71.01.201. ITD’s proposed amendment would change the clearance to allow for the “vertical clearance required by the owner of the railroad tracks or 22 feet 6 inches, whichever is greater.”
On June 23, 1999, the Commission issued Order No. 28073 adopting the proposed amendment to Rule 201.02 and forwarding the proposed change to the Administrative Rules Coordinator’s Office. The proposed rule was published in the August Administrative Bulletin as a proposed rule, and comments were invited from the public. No comments were received. Thus, the Commission issues this General Order approving the amendment and adopting it as a final rule.
On January 28, 1999, the Commission received the request from the ITD asking the Commission to amend IPUC Rule 201.02. 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. ITD requested that the Commission change its rule to lower the 23 foot 6 inch requirement in Rule 201.02. ITD recommended that the rule allow for a “vertical clearance required by the owner of the railroad tracks or 22 feet 6 inches, whichever is greater.”
The Commission is authorized pursuant to Idaho Code § 67-5230 to amend its rules after receiving a petition to adopt, amend or repeal a rule. Based on the petition from ITD and the record in this case, the Commission finds the proposed amendment to Railroad Clearance Rule 201.02 to be just and reasonable. The amendment allowing for a “vertical clearance required by the owner of the railroad tracks or 22 feet 6 inches, whichever is greater,” is consistent with the requirements of the Federal Highway Administration. We conclude that it is in the public interest to adopt the proposed amendment as a final rule.

GENERAL ORDER
IT IS HEREBY ORDERED that the proposed amendment to IPUC Railroad Clearance Rule 201.02, IDAPA 31.71.01.201.02, is adopted. The Commission adopts the amendment as originally published in the August 1999 Administrative Bulletin, Volume 99-8.
THIS IS A FINAL GENERAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. 31-7101-990 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 or in interlocutory Orders previously issued in this Case No. 31-7101-9901. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-626.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:31-7101-9901_ws

GENERAL ORDER NO. 199 3

Office of the Secretary
Service Date
October 19, 1999