20081126notice_of_telephonic_hearing_order_no_30691.pdf

Office of the Secretary
Service Date
November 26, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF UNION PACIFIC
RAILROAD COMPANY'S INTENT TO
ABANDON THE COEUR D' ALENE
INDUSTRIAL LEAD FROM MP 7.5 TO MP
97 IN KOOTENAI COUNTY, IDAHO
CASE NO. UPR-08-
NOTICE OF INTENT TO
ABANDON A RAIL LINE
NOTICE OF
TELEPHONIC HEARING
ORDER NO. 30691
On July 3 , 2008, Union Pacific Railroad notified the Commission that it intends to
file a petition with the Surface Transportation Board (STB) to abandon a portion of the Coeur
d' Alene Industrial Lead located in Kootenai County, Idaho. This short stretch of track is
approximately 1.29 miles in length running from MP 7.5 near Gibbs to the end of the line at MP
79 in Coeur d'Alene. The STB is the entity of the U.S. Department of Transportation
authorized to grant or deny rail line abandonments.
NOTICE OF INTENT TO ABANDON
YOU ARE HEREBY NOTIFIED that Union Pacific indicates that it intends to file a
petition seeking an abandonment "exemption" with the STB on or after November 17, 2008.
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 map 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 twenty (20) days after the petition for exemption is filed. Thirty (30) 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.
YOU ARE FURTHER NOTIFIED that the Coeur d' Alene Industrial Lead generally
runs in a northwest-southeast direction from the Union Pacific mainline between Spokane and
Athol. This line was originally constructed in 1911 by the Coeur d' Alene and Pend Oreille
NOTICE OF INTENT TO ABANDON
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30691
Railway Company. In 2004, Union Pacific abandoned 5.29 miles of track from the "middle
portion of the Coeur d' Alene Industrial Lead. The present abandonment pertains to the eastern
end" of the line that was isolated by the previous abandonment. The line runs parallel to
Northwest Boulevard. A map of the track to be abandoned is attached.
Union Pacific filed its Environmental and Historical Report on November 3, 2008.
As indicated in the Report, this line historically served Stimson Lumber Company s DeArmond
Stud Mill. Report at 3. Union Pacific reports that all production at the DeArmond Mill ended in
May 2008 and that the mill is currently being dismantled. Union Pacific states that the property
is being converted for other, non-industrial uses. Id. at 4.
The Railroad indicates that the right-of-way proposed for abandonment may be
suitable for other public purposes, including use as a recreational trail. Id. at 3. "UP has entered
discussions with the Coeur d' Alene City Attorney s office and a developer regarding the possible
relocation of an existing trail onto the line s right of way. At present, the trail proposed for
relocation runs along the Coeur d' Alene River , approximately 250 feet from the Line.Id.
Union Pacific reports that the line s right-of-way is approximately 100 feet wide. Id. at 12.
NOTICE OF TELEPHONIC HEARING
YOU ARE HEREBY 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 ~ 62-424 requires that the Commission schedule a public
hearing on the proposed abandonment. The purpose of the abandonment 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 markets; and (3) whether the
rail line has the potential for profitability. If the Commission fmds 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
telephonic hearing in this matter on THURSDAY. DECEMBER 11. 2008 AT 9:30 A.M. . IN
THE COMMISSION'S HEARING ROOM. 472 WEST WASIDNGTON STREET.
BOISE. IDAHO The purpose of the hearing is to obtain public testimony as to whether the
abandonment of the remaining portion of the 1.29 miles of the Coeur d' Alene Industrial Lead
NOTICE OF INTENT TO ABANDON
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30691
would be adverse to Idaho s public interest. The Railroad, any shipper, local government
leaders, and any other interested persons are encouraged to participate in the telephonic hearing.
Persons wishing to offer testimony may do so in person at the Commission Hearing Room or
testify telephonically by dialing 1-866-680-0146 and enter participant code 295999. (This is
toll-free call.) Persons desiring to listen to the proceeding may do so by dialing the number and
participant code noted above.
YOU ARE FURTHER NOTIFIED that the Commission finds there is good cause to
schedule this hearing on less than 21 days ' notice given the expedited nature of the STB
proceeding. IDAPA 31.01.01.241.01.
YOU ARE FURTHER NOTIFIED that all hearings will be conducted in accordance
with the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that all workshops and 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 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(q),puc.idaho.gov
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter pursuant to Idaho Code ~ 62-424.
ORDER
IT IS HEREBY ORDERED that the Commission shall convene a public telephonic
hearing in this matter at set out above.
NOTICE OF INTENT TO ABANDON
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30691
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this Ol.tR 1-1-
day of November 2008.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Commission Secretary
bls/O:UPR-08-01 dh
NOTICE OF INTENT TO ABANDON
NOTICE OF TELEPHONIC HEARING
ORDER NO. 30691
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NOTE. THERE ARE NO 50+ YEAR OLD STRUCTURES
Legend COEUR D'ALENE INDUSTRIAL LEAD
B-~.."UPRR LINES TO BE ABANDONED MP 7.50 TO MP 8.
TOTAL OF 1.29 MILES IN KOOTENAI COUNTY
IN IDAHOOTHER UPRR LINES
UNION PACIFIC RAILROAD CO.
COEUR D'ALENE INDUSTRIAL LEAD
IDAHO
INCLUDING 50+ YEAR OLD STRUCTURES0 0.
Miles
ATTACHMENT
Case No. UPR-08-
Order No. 30691
OTHER RAILROADS
...
PRINCIPAL HIGHWAYS
OTHER ROADS
:\abandonmentslab33 272 Coeur d Alene fndLmxd