20201113Decision Memo.pdf

DECISION MEMORAIIDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMN{ISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:DAYN HARDIE
DEPUTY ATTORIIEY GENERAL
DATE: NOYf,MBER 13,2020
SUBIECT: PROPOSED ABANDOIYMENT OF A 1.16 MILE SEGMENT OF UMON
PACIFIC RAILROAD COMPAI\IY RAIL LINE; CASE NO. UPR-R-20-01.
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.T1T line traverses United States Postal Service ZIP Code 83854.
The Company indicated it will petition the Surface Transportation Board (*STB') to
abandon this rail line. ,See 49 C.F.R $ 1152.50. The Company represents that the rail line does not
contain federally granted rights-of-way and that it will any related documentation in the
Company's possession available 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 abandonment by January 6,2021.
THE COMMISSION'S ROLE IN ABAIYDONMENTS
The STB is the federal entity with the authority to approve or deny railroad
abandonments. However, Idoho Code $ 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: (l) 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. Ifthe 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.
DECISION MEMORANDUM I
STATT' RECOMMEhTDATION
The Commission Staffrecommends that the Commission issue a Notice of Proposed
Abandonment and schedule a public hearing as required by ldaho Code g 62424. Staff
recommends thatthe Commission schedule atelephonic public hearing to take place on December
1,2020, at 2:00 p.m.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Proposed Abandonment and schedule
a telephonic public hearing to take place on December 1,2020, at2:00 p.m.?
Dayn Hardie
Deputy Attorney General
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2DECISION MEMORANDUM