20201202Comments.pdf

DAYN HARDIE
DEPUTYATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,IDAHO 83720-0074
[phone]
IDAHO BAR NO.9917
Street Address for Express Mail:
11331 W CHINDEN BLVD,BLDG 8,SUITE 201-A
BOISE,ID 83714
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF UNION PACIFIC )RAILROAD'S NOTICE OF PROPOSED )CASE NO.UPR-R-20-01
ABANDONMENT OF A 1.16 MILE SEGMENT )OF RAIL LINE )
)COMMENTS OF THE
)COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission,by and through its Attorney of
record,Dayn Hardie,Deputy Attorney General,submits the followingcomments.
BACKGROUND
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 rail 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 promptlyto those requesting it.
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 rail line it petitioned to abandon
STAFF COMMENTS l DECEMBER 2,2020
only serves one customer,and that customer has voluntarily elected to relocate its facility.If the
Company receives authorityto abandon the section,the track and property will be conveyed to
the State of Idaho through the Idaho Transportation Department ("ITD").'The segment of rail
line does not contain any federally granted rights-of-way.
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.
The STB will issue a final decision on the proposed abandonment by January 6,2021.
STAFF COMMENTS
Althoughthe authority to grant or deny abandonment rests with the STB and is governed
by federal law,the Commission has an obligation under state law to hold a public hearing
regarding the abandonment and to represent the State in STB abandonment proceedings if
deemed necessary.Idaho Code §62-424 provides that the "commission shall schedule a public
hearing on the proposed abandonment."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
potential for profitability.If the Commission finds that the abandonment would be averse to the
public interest,then it may represent the State in the STB abandonment proceeding.Idaho Code
§62-424(2).
Staff has reviewed the Company's Application and materials filed with the STB.Staff
verified that there is only shipper,AmeriGas Propane,on the rail line proposed to be abandoned.
The record at the STB reflects that AmeriGas Propane has reached an agreement with the ITD to
relocate its facility away from the rail line.According to the Company,abandonment of the
section of rail line will allow ITD to expand Highway 41.The abandoned section of rail line will
be conveyedto ITD for use as a trail subject to issuance of a notice of interim trail use or
abandonment.
I The Company's material on file with the STB refer to the Idaho Transportation Department as the Idaho
Department of Transportation.
STAFF COMMENTS 2 DECEMBER 2,2020
Based on its review of this matter Staff believes that abandonment of the rail line would
not adversely affect the area being served or impair the access of Idaho shippers to vital goods
and markets.Because AmeriGas Propone has voluntarilyagreed to move its facilities off the
line there is no indication that this section of rail line has the potential for profitability for the
Company.
STAFF RECOMMENDATION
Staff recommends that the Commission not object to or participate in any proceedings
before the STB regarding this matter.
Respectfully submitted this day of December 2020.
Deputy AttorneyGeneral
i:umisc/comments/uprr20.ldh comments
STAFF COMMENTS 3 DECEMBER 2,2020
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 2ND DAY OF DECEMBER 2020,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF,INCASENO.UPR-R-20-01,BY MAILING A COPY THEREOF,POSTAGE PREPAID,TO THE FOLLOWING:
JEREMY BERMAN
GENERAL ATTORNEY
UNION PACIFIC RAILROAD
1400 DOUGLAS ST 15TH FL
OMAHA NE 68179
E-MAIL:jmherman up.com
SECRET Y
CERTIFICATE OF SERVICE