20220622Andrews Affidavit.pdf

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ST. MARIES RIVER
RAILROAD COMPANY'S FAILURE TO
MAINTAIN THE 396298J CROSSING AND
TO PAY ASSESSMENT FEES
CASE NO. SMR.R-2}.I
AFFIDAVIT OF WAYNE
ANDREWS
WAYNE ANDREWS, being duly swom, stated:
l. My name is Wayne Andrews. I am over 2l years of age, of sound mind, and I have
personal knowledge of the facts stated herein.
2. I am a Safety Inspector Regulated Utilities for Railroads at the Idaho Public Utilities
Commission. I started working in this position in December of 2016. I am responsible for the
safety and inspection of railroad operations as described in ldaho Code $$ 62-10l through 62-424,
and Public Utilities Rules.
3. On March 22, 2022, I met with Paul Riemann, the Maintenance of Way
Supervisor/Bridge Inspector for St. Maries River Railroad ("Company") concerning396298J,the
crossing atlOth Street, St. Maries, Idaho ("lOtn Street Crossing").
4. On that date I informed the Company that the asphalt at the 10th Street Crossing had
deteriorated and was causing a rough crossing.
5. On March 24, 2022,I sent a follow up email, and a physical letter via certified mail
informing the Company that the 1Oth Street Crossing was in violation of Idaho Code $ 62-306. The
letter provided thirty (30) days to resolve the issue, or to provide notice of a detailed plan and
timeline for resolution. Exhibit A.
6. On May 3,2022,I conducted a follow up inspection of the lOth Street Crossing and
determined that no maintenance had been performed.
7. As of May 17,2022,I have not received any response from the Company.
I
AFFIDAVIT OF WAYNE ANDREWS
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Dated thrs 17 day ofMay 2022.
I :\LegaI\RAIL\SMR-R-22- I \Affi drvir_An&em_St MsiB.dq
Andrews
Safety Inspector Regulated Utilities-Railroads
Idaho Public Utilities Commission
SUBSCRIBED AND SWORN to before me this lfi auy of May 2022.
lhlrbklhwQN
Notary Pubhc for Idaho
My commission expires on slrllto^.
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AFFIDAVIT OF WAYNE ANDREWS
EXHIBIT A
True and correct copy of Letter sent to the Company
(Attached)
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AFFIDAVIT OF WAYNE ANDREWS
Idaho Public Utilities Commission Brad [.ittle. Covernor
Eric Anderson, President
John Chatburn, Com missioner
John R. Hammond, Jr., Commissioner
P.0. Box 83720, Boise, lD 83720-0074
March 24,2022
PaulRiemann
Maintenance of Way Supervisor / Bridge Inspector
St. Maries River Railroad
3 l8 N. l0m Street
St. Maries, tD 83861
Mr. Riemann,
I am writing you on behalf of the Rail Safety Inspection Program for the Idaho Public Utilities Commission. After receiving
a complaint about a rough crossing, I inspected the railroad grade crossings on the St. Maries River Railroad (STMA) line,
this grade crossing deficiency was documented:
l. 396298J,
lTth Street, St. Maries, Idaho: Asphalt is deteriorating causing a rough crossing.
The Idaho statue pertaining to the requirement reads as follows:
62-306. CONSTRUCTION AND MAINTENANCE OF RAILROAD GRADE CRO,S^!1NG^S. Whenever a state or county
highway crosses or shall hereafter cross a railroad at grade, the railroad company shall at its own expense construct and
maintain that portion of such highway between the rails and for a distance of not less than two (2) feet outside the outer
rails. The crossing shall be planked or surfaced with other suitable material for the full width of the traveled way,
including shoulders, and shall be maintained at all times in a smooth and firm condition.
Please resolve the above issue within thirty days and provide notice to me or provide a detailed plan and timeline for
deficiency resolution. If you have any question regarding these findings, feel free to contact me at 208-334-0317 or by email
wayne.andrews@puc. idaho. gov.
Very Respectfully,
Wayne Andrews
IPUC Railroad Safety Inspector