HomeMy WebLinkAbout991013_ws.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
DON HOWELL
STEPHANIE MILLER
TONYA CLARK
RON LAW
WORKING FILE
FROM:
DATE: October 13, 1999
RE: CASE NO. 31-7101-9901; ADOPTION OF AMENDMENT TO IPUC RAILROAD CLEARANCE RULE
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 requested that the Commission amend IPUC Rule 201.02, which required an overhead clearance of 23 feet 6 inches for structures over railroad tracks installed after September 1, 1980. The 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, and the next step in the process is to publish the rule as a pending rule. Thus, if the Commission desires to complete the amendment to the rule, it should issue an Order approving the amendment and forward it to the Rules Coordinator’s Office to publish as a pending rule. Once the Idaho Legislature approves the amendment, the rule promulgating process will be complete.
Commission Decision
Should the Commission issue an Order adopting the proposed amendment to IPUC Rule 201.02, and forward it to the Administrative Rules Office to publish as a pending rule and complete the rulemaking process?
vld/M:31-7101-9901_ws3
DECISION MEMORANDUM 1