20080725Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE:JUL Y 24, 2008
SUBJECT:ABANDONMENT OF UNION PACIFIC RAILROAD'S COEUR D' ALENE
INDUSTRIAL LEAD IN KOOTENAI COUNTY (STB DOCKET NO. AB-
33 (SUB NO. 272X), CASE NO. UPR-08-
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 another portion of the
Coeur d' Alene Industrial Lead from Milepost (MP) 7.5 near Gibbs to the end of the line at MP
79 in Coeur d'Alene. The STB is the entity within the u.S. Department of Transportation with
the authority to approve or deny rail line abandonment. The line proposed for abandonment is
generally located between the Spokane River and Northwest Boulevard in Coeur d' Alene.
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 1910 by the Spokane International Railroad 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. Union Pacific has not
identified a specific date when it intends to file the abandonment petition.
THE COMMISSION'S ROLE IN ABANDONMENTS
As previously mentioned, the STB is the federal entity with the authority to approve
or deny railroad abandonments. However Idaho Code 9 62-424 provides that the Commission
shall schedule a public hearing on the proposed abandonment." The purpose of the state
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
DECISION MEMORANDUM
markets; 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.
Union Pacific indicates that it will likely file its 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 an 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 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.
COMMISSION DECISION
1. Does the Commission wish to issue a Notice of Proposed Abandonment?
2. Given the Commission s workload and previously scheduled activities, how does
the Commission wish to conduct its hearing: use a hearing officer, a single Commissioner, or a
telephonic hearing?
3. Anything else?
fj~
Don Howell
Deputy Attorney General
blslM:UPR-O8-01 dh
DECISION MEMORANDUM
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BEGIN
ABANDONMENT
MP7.
END
ABANDONMENT '
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MP 8.
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Legend
BRIDGE NO. BRIDGE TYPE67 1-SPAN TIMBER PILE TRESTLE - OPEN DECK
UPRR LINES TO BE ABANDONED
OTHER UPRR LINES
OTHER RAILROADS
. . .
PRINCIPAL HIGHWAYS
------ OTHER ROADS
50 + YEAR OLD STRUCTURES
:\abandonments\ab33 272 Coeur d Alene IndLmxd
COEUR D'ALENE INDUSTRIAL LEAD
MP 7.50 TO MP 8.
TOTAL OF 1.29 MILES IN KOOTENAI COUNTY
IN IDAHO
UNION PACIFIC RAILROAD CO.
COEUR D'ALENE INDUSTRIAL LEAD
IDAHO
INCLUDING 50+ YEAR OLD STRUCTURES0 0.
Miles