20100924notice_of_hearing_order_no_32073.pdf

Office of the Secretary
Service Date
September 24, 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNION PACIFIC RAILROAD CASE NO. UPR-IO-
COMPANY FOR APPROVAL TO
ABANDON AN .85 MILE SECTION OF ITS NOTICE OF INTENT TO
STODDARD INDUSTRIAL LEAD IN ABANDON A RAIL LINE
NAMP A, IDAHO
NOTICE OF HEARING
ORDER NO. 32073
On September 14, 2010, Union Pacific Railroad Company ("UP" or "Company
notified the Idaho Department of Transportation ("ITD") that it intends to request authority from
the Surface Transportation Board ("STB") to abandon and discontinue service from Milepost
(MP) 0.9 to MP 1.75 of the "Stoddard Industrial Lead" in Nampa, Idaho. The STB is the entity
of the U.S. Department of Transportation authorized to grant or deny rail line abandonments.
UP's action before the STB is referenced as Docket No. AB-33 (Sub-No. 294X).
NOTICE OF INTENT TO ABANDON
YOU ARE HEREBY NOTIFIED that UP intends to file a Petition for Exemption
with the STB requesting an exemption from the federal prior-approval requirements found in 49
c. 99 10903-10905 to abandon a 0.85 mile section of its rail line in Canyon County, Idaho.
YOU ARE FURTHER NOTIFIED that UPR intends to abandon a portion of its rail
line located between MP 0.9 and MP 1.75 in Nampa, Canyon County, Idaho (the "Line ). The
approximate physical location of the relevant portion of the Line UP intends to abandon begins
near the intersection of 16th A venue South and Front Street and extends nearly a mile to the south
near East Florida Avenue.
YOU ARE FURTHER NOTIFIED that the exemption process allows railroads to
abandon rail lines if the abandonment is of limited scope and it does not adversely affect national
rail policy. 49 U.C. 99 10502 and 10101. Under STB procedures , once the exemption is filed
the STB must publish a notice in the Federal Register within 20 days. Unless stayed, the railroad
may then abandon the rail line 30 days after the notice is published in the Federal Register.
YOU ARE FURTHER NOTIFIED that UP is requesting assistance in identifying
potential environmental effects associated with the proposed abandonment of the Line. UP is
NOTICE OF INTENT TO ABANDON
NOTICE OF HEARING
ORDER NO. 32073
required by federal law and STB regulations to submit an Environmental Report analyzing the
potential environmental impact caused by the proposed abandonment.
NOTICE OF HEARING
YOU ARE FURTHER NOTIFIED that the authority to grant or deny abandonment
rests with the STB and is governed by federal law. However
, "
the public utilities commission
shall schedule a public hearing on the proposed abandonment." Idaho Code 9 62-424(1). 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
markets; and (3) whether the rail line has a potential for profitability. Id. If the Commission
finds that the abandonment would adversely affect the area being served and the line has the
potential for profitability, then it shall submit a report of its findings to the STB on behalf of the
people of the State of Idaho. Id. The Commission "shall continue to intervene in federal surface
transportation board abandonment proceedings when necessary to protect the state s interest."
Idaho Code 9 62-424(2).
YOU ARE FURTHER NOTIFIED that the Commission has scheduled a public
hearing in this matter to commence at 7:00 P.M. ON OCTOBER 13. 2010. IN THE NAMP A
CITY HALL BUILDING. 411 THIRD STREET SOUTH. NAMP A. IDAHO. The purpose
of the hearing is to take public testimony as to whether UP's proposed abandonment of an
approximately 0.85 mile section of its Stoddard Industrial Lead rail line in Canyon County,
Idaho would be adverse to Idaho s public interest. The railroad, any shipper, local government
leaders, and any 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, ID AP A 31.0 1.01.000 et seq.
YOU ARE FURTHER NOTIFIED that UP's letter, with attachment, has been filed
with the Commission and is available for public inspection during regular business hours at the
Commission offices. The letter is also available on the Commission s web site at
www.puc.idaho.gov by clicking on "File Room" and then "Rail Cases.
YOU ARE FURTHER NOTIFIED that all proceedings 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
NOTICE OF HEARING
ORDER NO. 32073
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: secretarv(fYpuc.idaho.gov
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 ;;2111-
day of September 2010.
JI . EMPTO , P SIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:UPR-I0-
NOTICE OF INTENT TO ABANDON
NOTICE OF HEARING
ORDER NO. 32073
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STODDARD INDUSTRIAL LEAD
MP O_S TO MP 1.
TOTAL OF 0,85 NilLES IN CANYON COUNTY
IN IDAHO
OTHER ROADS NOTE
UNION PACIFIC RAILROAD CO.
STODDARD INDUSTRIAL LEAD
IDAHO
THERE ARE NO 50+ YEAR OLD STRUCTURES0 0.
MilesStep 1580 Omaha, NE 68179 [phone]
OTHER UPRR LINES
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A TT ACHMENT
ORDER NO. 32073
CASE NO. UPR-10-