20041214Notice of Hearing Order No 29657.pdf

Office of the Secretary
Service Date
December 14, 2004
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.
CASE NO. UPR-04-
NOTICE OF INTENT TO
ABANDON AND SELL A RAIL
LINE
NOTICE OF HEARING
ORDER NO. 29657
On November 10, 2004, Union Pacific Railroad filed its Combined Environmental
and Historical Report with the Commission stating that it intended to file a notice 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.
miles in length running from milepost (MP) 23.90 to MP 24.11. The STB is the entity of the
S. Department of Transportation authorized to grant or deny rail line abandonment.
NOTICE OF INTENT TO ABANDON
YOU ARE HEREBY NOTIFIED that in its Combined Report, Union Pacific
indicated that it will likely file its Notice seeking an abandonment "exemption" with the STB on
or after December 29, 2004. Unlike the traditional abandonment process, the exemption process
allows a railroad to abandon a rail line in as few as 30 days. To be eligible to file a Notice of
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 portion to be
abandoned. Under the exemption process, the STB will publish a notice in the Federal Register
within 20 days after the Notice of 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 S TB stays the
abandonment and discontinuance of service.
NOTICE OF INTENT TO ABANDON AND SELL
NOTICE OF HEARINGORDER NO. 29657
YOU ARE FURTHER NOTIFIED that the line 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 El Paso Gas Products Company and is constructed
of 131-pound jointed rail. There are no other shippers in the area and there is no overhead
traffic.
YOU ARE FURTHER NOTIFIED that Union Pacific stated that 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 more track space and allow Agrium to assemble larger
dedicated unit trains "with its own personnel and permit it to maximize its rail shipping activity.
Combined Report at 3. Consequently, abandonment will not result in the loss of rail service to
Agrium. A map of the line subject to abandonment 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 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 will convene a hearing in
this matter on THURSDAY~ JANUARY 6~ 2005 AT 10 A.M. IN THE COMMISSION'
HEARING ROOM~ 472 W. WASHINGTON STREET~ BOISE~ IDAHO 83702. Persons
wishing to participate by telephone should contact the Commission Secretary at [phone]
no later than Tuesday, January 4, 2005 to make the necessary arrangements.
YOU ARE FURTHER NOTIFIED that all hearings 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 assistance in order to participate
NOTICE OF INTENT TO ABANDON AND SELL
NOTICE OF HEARINGORDER NO. 29657
in or to understand testimony and argument at a public hearing 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:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary~puc.state.id.
YOU ARE FURTHER NOTIFIED that the Combined Environmental and Historical
Report has been filed with the Commission and is available for public inspection during regular
business hours at the Commission offices. The Combined Report is also available for public
inspection via the Commission s Website at www.puc.state.id.. Interested persons may review
the combined Report by clicking on "File Room" on the left hand side of the Commission
homepage and then clicking on "Rail Cases.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Idaho Code 9 62-424. All proceedings in this case will be held pursuant
the Commission s jurisdiction and the Commission may enter any final Order consistent with its
authority.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that the Commission will convene a public hearing in
this case as set out above. Persons interested in participating by telephone must call the
Commission Secretary at [phone] no later than January 4 2005.
NOTICE OF INTENT TO ABANDON AND SELL
NOTICE OF HEARINGORDER NO. 29657
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this l'-l~
day of December 2004.
Commissioner Smith Out of the Office
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~~
J e . Jewell
Commission Secretary
his/a: UPRR0402 dh
NOTICE OF INTENT TO ABANDON AND SELL
NOTICE OF HEARINGORDER NO. 29657
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NOTE: THERE ARE NO 50+YEAR OLD STRUCTURES DRY VALLEY SUBDIVISION
E N MP 23. 90 TO MP 24. II
TOTAL OF 0.21 MILES
I NCAR r SOU COUNT~ IDAHO
UPRR LINES TO BE ABANDONED UNION PACIFIC RAILROAD CO.
DRY VALLEY SUBDIVISION
DRY VALLEY, IDAHO
INCLUDING 50 + YEAR OLD STRUCTURES
"----'----"-
OTHER UPRR LINES
OTHER RAILROADS
PRINCIPAL HIGHWAYS
OTHER ROADS
50 + YEAR OLD STRUCTURES SCALE MILES
FILE: q:\obondonments\obO350_dry _vo//ey.dgn DATE: 04-0ct-O4 //:07