20040630Notice of Intent Abandon Order No 29539.pdf

Office of the Secretary
Service Date
June 30, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
RAILROAD'S INTENT TO ABANDON THE
COEUR D' ALENE INDUSTRIAL LEAD FROM
I\1P 2.25 TO MP 1.5 IN KOOTENAI COUNTYIDAHO. NOTICE OF INTENT TO
ABANDON A RAIL LINE
NOTICE OF HEARING
ORDER NO. 29539
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On March 16, 2004 Union Pacific Railroad notified the Idaho Public Utilities
Commission that it intends to file a Petition with the Surface Transportation Board (STB) to
abandon the Coeur d' Alene industrial lead located in Kootenai County, Idaho. This short stretch
of track is approximately 5.25 miles in length running from the Feeley spur at Mile Post (MP)
25 t"oMP 7.5 near Gibbs. The STB is the entity of the U.S. Department of Transportation
authorized to grant or deny rail line abandonment. Union Pacific anticipates that it will file its
Petition this summer.
NOTICE OF INTENT TO ABANDON
YOU ARE HEREBY NOTIFIED that Union Pacific indicated that it will likely file a:
Petition seeking an abandonment "exemption with the STB.Unlike the traditional
abandonment process, the exemption process allows a railroad to abandon a rail line in as few as
30 days. Under the exemption process there is no requirement to file a Notice of Intent to
Abandon or annual system diagram maps showing rail lines in jeopardy. To be eligible to file a
Petition for Exemption, a railroad must certify that no rail traffic has moved on the line for the
past two years and there are no outstanding complaints about the lack of rail service on the line.
Under the exemption procedure, the STB will publish a notice in the Federal Register within 20
days after the Petition for Exemption is filed. Thirty days after the Notice is published in the
Federal Register, the railroad is permitted to abandon the rail line unless the STB stays the
abandonment.
NOTICE OF INTENT TO ABANDON A RAIL LINE
NOTICE OF HEARINGORDER NO. 29539
YOU ARE FURTHER NOTIFIED that the industrial lead generally runs in a
northwest-southeast direction from the Union Pacific main line between Spokane and Athol.
The portion of e lead proposed for abandonment run from the east of Meyer Road to Rams
c(1hen sou crossIng un en easfalong ane ver out one m
and terminates about a half mile west of U.S. Highway 95. This line was originally constructed
in 1910 by the Spokane International Railroad Company. A map of the industrial lead is
attached.
NOTICE OF HEARING
YOU ARE FURTHER NOTIFIED that the abandonment of rail lines and the
. discontinuance of rail service are governed by federal law. As this Commission has stated many
times, the authority to grant or deny the abandonment of rail lines rests with the STB, not this
Commission. However Idaho Code 9 62-424 requires that the Public Utilities Commission
schedule a public hearing on the proposed abandonment. The purpose of the hearing is for the
Commission to determine whether the abandonment would: (1) adversely affect the area being
served; (2) impair the access of Idaho shippers to vital goods and market; and (3) whether the rail
line has the potential for profitability. If the Commission finds that the abandonment would
adversely affect the area being served and the line has the potential for profitability, then the
Commission may represent the State of Idaho in the STB abandonment proceeding.
YOU ARE FURTHER NOTIFIED that the Commission has scheduled a public
hearing in this matter to commence at 1:30 P.M. ON TUESDAY" JULY 27" 2004 AT THE
KOOTENAI COUNTY AD MINIS TRA TI 0 N BUILDING"ROOM 451
GOVERNMENT WAY" COEUR D' ALENE" IDAHO.The purpose of the hearing is to
obtain public testimony as to whether the abandonment of the 5.25-mile industrial lead would be
adverse to Idaho s public interest. The railroad, shippers, local government leaders, and other
interested persons are encouraged to testify.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted in accordance
with the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences in
this matter will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA). Persons needing the help of a sign language interpreter or other
NOTICE OF INTENT TO ABANDON A RAIL LINE
NOTICE OF HEARINGORDER NO. 29539
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5) working days before the hearing by
contacting the Commission Secretary at:
1IJA:RU'P'OBLl C U 1'TI:I'ITb ~ C U
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary~puc.state.id.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Idaho Code 9 62-424.
ORDER
IT IS HEREBY ORDERED that the Commission shall convene a public hearing in
this matter as set out above.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 30 tk
day of June 2004.
~SHA H. S ITH, COMMISSIONER
ATTEST:
vld/O: UPRR040 1 dh
NOTICE OF INTENT TO ABANDON A RAIL LINE
NOTICE OF HEARINGORDER NO. 29539
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NOTE:
THERE ARE NO STRUCTURES +50 A TOTAL OF 5.25 MilES
IN KOOTENAI COUNTY, IDAHO
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G E N D
UPRR LINES TO BE ABANDONED
OTHER UPRR LINES
OTHER RAILROADS
PRINCIPAL HIGHWAYS
OTHER ROADS
50 + YEAR OLD
COEUR 0' ALENE INDUSTRIAL LEAD
UNION PACIFIC RAILROAD CO.
COEUR 0' ALENE INDUSTRIAL LEAD
FEELEY SPUR TO GIBBS, IDAHO
INCLUDING 50 + YEAR OLD STRUCTURES
STRUCTURES
F/ LE: q: \0 bo ndonment s\obO34D..aiEujrN:IJJpoo99 n
SCALE MILES
DATE: 09-Mor-04 08:5/