20050110Final Order No 29683.pdf

Office of the Secretary
Service Date
January 10, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF UNION PACIFIC
RAILROAD'S INTENT TO ABANDON
PORTION OF THE DRY VALLEY
SUBDIVISION BETWEEN MP 23.90 TO MP
24.11 IN CARIBOU COUNTY, IDAHO.ORDER NO. 29683
CASE NO. UPR-04-
On November 10 2004, Union Pacific Railroad filed a Combined Environmental and
Historical Report with the Commission stating that it intended to file a petition with the Surface
Transportation Board (STB) to abandon part of the Dry Valley rail line in Caribou County,
Idaho. The line proposed for abandonment is a short stretch of track approximately 0.21 miles in
length running from milepost (MP) 23.90 to MP 24.11. The STB is the entity of the U.
Department of Transportation authorized to grant or deny rail line abandonment.
. On December 14 , 2004, the Commission issued a Notice of Intent to Abandon and a
Notice of Hearing. The Commission held a public hearing January 6 2005 in Boise. The
purpose of the hearing was to obtain public testimony so the Commission could determine
whether abandonment of the line would be adverse to Idaho s public interest. On December 16
2004, Union Pacific filed its Petition for Exemption with the STB. 70 Fed.Reg. 938 (Jan. 5
2005).
THE PETITION FOR EXEMPTION
The track segment in question is used to serve a single customer that ships phosphate
ore from a mining operation in Dry Valley. The line was constructed in 1965 by Union Pacific
for the EI Paso Gas Products Company. Union Pacific states the sole reason for the proposed
abandonment is to sell this quarter-mile of track to the mining shipper, Agrium. Selling this
track to Agrium will provide it more track space and allow Agrium to assemble larger dedicated
unit trains with its own personnel. There are no other shippers in the area and there is no
overhead traffic on this line. Consequently, Union Pacific asserts that the abandonment and the
subsequent sale will not result in the loss of rail service to Agrium.
THE PUBLIC HEARING
The Commission convened a public hearing in this matter.Appearances were
entered by Union Pacific and the Commission Staff. Representatives from Agrium also attended
ORDER NO. 29683
the hearing. No one testified in opposition to the proposed abandonment. The Commission Staff
asserted that the abandonment and eventual sale to Agrium was in the public interest.
FINDINGS
Based upon our review of the Petition and the lack of any opposition, we find that the
abandonment does not adversely affect the area being served. As noted in the Railroad's Petition
and the Combined Environmental and Historical Report, abandonment will allow Union Pacific
to sell the line to Agrium. We further find that the abandonment and sale to Agrium will not
adversely affect any other shippers. Consequently, the Commission does not oppose
abandonment.
ORDER
IT IS HEREBY ORDERED that this case be closed. The Commission shall not
object to the abandonment of this line.
THIS IS A FINAL 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. UPR-04-
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. UPR-04-Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
ORDER NO. 29683
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this jO-rl-
day of January 2005.
u::PAUL KJE . LA ER, PRESIDENT
~~L~ Lf
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MARSHA H. SMITH, COMMISSIONER
ATTEST:
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ORDER NO. 29683