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Home My WebLink AboutGRIMES_ws.doc YOLANDA M. GRIMES, ESQ. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY 3017 LOU MENK DRIVE FORT WORTH, TX 76131 June 10, 1999 Yolanda M. Grimes, Esq. Burlington Northern & Santa Fe Railway Company 3017 Lou Menk Drive Fort Worth, TX 76131 Re: Proposed Amendment to the PUC’s Railroad Clearance Rules; IPUC Case No. 31-7101-9901 Dear Ms. Grimes: Pursuant to a Notice of Modified Procedure announcing a proposed rule change to the Idaho Public Utilities Commission’s Railroad Clearance Rules, written comments were filed by the Burlington Northern & Santa Fe Railway Company (BNSF). The vertical clearance as proposed by the rule change would allow for a minimum clearance of 22 feet 6 inches, or that vertical clearance as required by the owner of the railroad tracks, whichever is greater. In other words, a railway company could require a higher clearance, but in no event could establish a clearance less than 22 feet 6 inches. In its written comments, BNSF indicated its support to reduce the current minimum vertical clearance of 23 feet 6 inches, but requested that the minimum clearance be 23 feet rather than 22 feet 6 inches. The comments state that “a minimum clearance of 23 feet would allow railroads an additional 6 inches above the 22 feet 6 inches to allow for future grade changes as a part of normal construction.” I believe the rule change as proposed by the IPUC accommodates the concern expressed by BNSF in its written comments. The rule establishes a minimum vertical clearance which could not be reduced by future grade changes. If the rule required a 23 foot minimum clearance, that would allow even less space for future grade changes that BNSF might require. If the rule allows a minimum clearance of 22 feet 6 inches, and the company constructs so the actual clearance is 23 feet, then there is an additional 6 inches to allow for future grade changes as a part of normal construction. I hope this explanation clarifies the intent of the proposed rule change. With this explanation, please let me know if BNSF agrees with the rule change as proposed by the IPUC. Thank you for your interest in this matter. Sincerely, Weldon B. Stutzman Deputy Attorney General WBS/vld cc: Ron Law Robert Linkhart, Idaho Transportation Dept. Yolanda M. Grimes June 10, 1999 Page 2 1 2