20201208Final_Order_No_34864.pdf

ORDER NO. 34864 1
Office of the Secretary
Service Date
December 8, 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

ORDER NO. 34864

On August 24, 2020, Union Pacific Railroad Company (“Company”) notified the
Commission that the Company would file a Petition for Exemption with the Surface and
Transportation Board (“STB”) seeking authority to abandon a portion of rail line in Kootenai
County, Idaho.
On November 17, 2020, the Commission issued a Notice of Proposed Abandonment
and Notice of Telephonic Hearing setting a December 1, 2020 telephonic public hearing. See Order
No. 34837.
The Commission held a telephonic public hearing on December 1, 2020. No members
of the public testified. Staff filed comments supporting the Company’s proposal.
Having reviewed the record, the Commission now issues this Order finding that the
proposed abandonment of the rail line is not adverse to the public interest and declining to take
any action in the corresponding STB docket.
THE COMPANY’S PROPOSED ABANDONMENT
The Company proposed to abandon a portion of rail line 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 filed its petition with the STB on September 18, 2020. See Docket No.
AB-33 (Sub-No. 346X). The STB will issue a final decision on the proposed abandonment by
January 6, 2021. See id. The Company’s filing at the STB received six support statements from
state and local governmental entities and agencies. Id.
STAFF COMMENTS
Staff reviewed the Company’s proposed abandonment and believed it would not
adversely affect the area being served or impair the access of Idaho shippers to vital goods or
markets. Staff noted that the line served only one customer—AmeriGas Propane—and that
customer voluntarily agreed with Idaho Transportation Department (“ITD”) to move its facilities.
Without AmeriGas Propane, the line has no customers and limited prospects for profitability. The
ORDER NO. 34864 2
abandoned line will facilitate ITD’s expansion of State Highway 41 and could be used for a trail,1
serving the public interest.
COMMISSION DISCUSSION AND FINDINGS
Although the authority to grant or deny rail line abandonments rests with the STB and
is governed by federal law (see 49 U.S.C. § 10101, 10502, and 10903), Idaho Code § 62-424
requires the Commission to hold a public hearing when railroads propose to abandon a rail line.
The purpose of the hearing is for the Commission to determine whether: (1) the abandonment
would adversely affect the area being served; (2) the closure would impair the access of Idaho
communities to vital goods and services, and the access of markets to those communities; and (3)
the rail line is potentially profitable. See Idaho Code § 62-424(1). If the Commission finds the
abandonment would harm the public interest, then it may represent the state in the STB
abandonment proceeding. Idaho Code § 62-424(2).
Here, the Commission held the required hearing on December 1, 2020. No one
testified. Based upon the record, we find that the Company’s proposed abandonment would not
harm the public interest. The rail line has no active shippers since AmeriGas Propane relocated its
facilities away from the line. Accordingly, the abandonment would not adversely affect the area
being served or impair community access to vital goods, services, or markets, and the rail line has
little potential for profitability.
O R D E R
IT IS HEREBY ORDERED that this case be dismissed. The Commission will not file
comments with the STB regarding this abandonment.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order regarding any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
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1 On October 30, 2020, the Company’s notice to the STB that ITD filed a request for the STB to issue a Notice of
Interim Trail Use was entered into the Docket.
ORDER NO. 34864 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 8th day
of December 2020.

__________________________________________
PAUL KJELLANDER, PRESIDENT

__________________________________________
KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

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