20201117Notice_of_Proposed_Abandonment_Order_No_34837.pdf

NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 34837 1

Office of the Secretary
Service Date
November 17, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF UNION PACIFIC
RAILROAD’S NOTICE OF PROPOSED
ABANDONMENT OF A 1.16 MILE
SEGMENT OF RAIL LINE
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CASE NO. UPR-R-20-01

NOTICE OF
PROPOSED ABANDONMENT

NOTICE OF
TELEPHONIC HEARING

ORDER NO. 34837

On August 24, 2020, the Commission received correspondence from Union Pacific
Railroad Company (“Company”) proposing to abandon an approximately 1.16-mile segment of a
railroad known generally as the “Coeur D’Alene Industrial Lead” in Coeur D’Alene, Idaho, from
milepost 1.09 to milepost 2.25. The line traverses United States Postal Service ZIP Code 83854.
The Company indicated it would petition the Surface Transportation Board (“STB”) to
abandon this rail line. See 49 C.F.R § 1152.50. The Company represented that it would provide
any available documentation in the Company’s possession promptly to those requesting it.
The Company filed its petition with the STB on September 18, 2020. The STB will
issue a final decision on the proposed abandonment by January 6, 2021.
NOTICE OF PROPOSED ABANDONMENT
YOU ARE HEREBY NOTIFIED that on September 18, 2020, the Company filed a
Verified Notice of Exemption with the STB, Docket No. AB-33 (Sub-No. 346X) seeking an
exemption from 49 U.S.C. § 10903. See 49 C.F.R § 10502. The Company represents that the
section of railroad it petitioned to abandon only serves one customer, and that customer has
voluntarily elected to relocate its facility. If the Company receives authority to abandon the section,
the track and property will be sold to the State of Idaho through the Idaho Department of
Transportation. The Company’s line does not contain any federally granted rights-of-way.
YOU ARE FURTHER NOTIFIED that the STB’s exemption process allows railroads
to abandon rail lines if the abandonment is not necessary to carry out national transportation policy
and the scope is limited or the application of [49 U.S.C. § 10903] is not needed to protect shippers
from the abuse of market power. (Emphasis added). See 49 U.S.C. §§ 10502 and 10101.
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 34837 2

NOTICE OF TELEPHONIC HEARING
YOU ARE FURTHER NOTIFIED that the Commission has scheduled a telephonic
hearing in this matter to commence at 2:00 PM (MST) December 1, 2020. Persons wishing to
offer their testimony telephonically or listen to the proceedings may dial 1-800-920-7487 at the
designated time and enter the passcode 6674832# when prompted.
The purpose of the hearing is to take public testimony on whether abandoning the rail
line would be adverse to the public interest. The Company, 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, IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that the Company’s notice to the Commission is
available for public inspection during regular business hours at the Commission’s office. These
documents are also available on the Commission’s website at https://puc.idaho.gov/. Click on
“RAIL SAFETY” icon then select “Open Cases,” then click on the case number as shown on the
front of this document.
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
in or to understand testimony and argument at a 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
11331 W. Chinden Blvd. Building 8, Suite 201-A
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
[e-mail]

YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this
matter under Idaho Code § 62-424. The Commission may enter any final Order consistent with
its authority under Titles 61 and 62.
NOTICE OF PROPOSED ABANDONMENT
NOTICE OF TELEPHONIC HEARING
ORDER NO. 34837 3

O R D E R
IT IS HEREBY ORDERED that the Commission shall convene a telephonic hearing
in this matter on Tuesday, December 1, 2020, at 2:00 p.m. (MST).
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 17th
day of November 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\RAIL\UPR_R-20-01\UPRR2001_Ntc Adandon Hear_dh.docx