19950505Order No 25989.pdf

Ofce of the Secretay
Service Date
May 5, 1995
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
AMALGAMATED SUGAR COMPANY SEEK- ) CASE NO. UP-RR-95-1
ING A WAIVER OF THE COMMISSION'S )
RAILROAD CLEARANCE RULES, IDAPA )31.71.01.000 ET SEQ. ) ORDER NO. 25989
)
On December 14, 1994, the Amalgamated Sugar Company med an Application
requesting a waiver from the Commssion's Railroad Clearance Rules, IDAPA 31.71.01.000 et
seq. Amalgamated has already constrcted a platform centered between two rail spurs that limits
the side clearances between the platform and rai cars. The platform is located inside a building
at Amalgamated's Nampa processing facilty and is constrcted approximately 6'1" from the
center line of the raiL. The Commission's Railroad Clearce Rule 302(d) requires a side
clearance of at least 8'6" between the center line of the rail and fixed objects. On March 13,
1995, the Commssion concluded that Amalgamated's Application should be treated as a waiver
request and be processed under modified procedure.
THE WAIVER REQUEST
Amalgamated constrcted the platform to enable its employees to safely gain access
to the top of rail cars. In paricular, Amalgamated employees use the platform for cleaning and
loading sugar into the cars. The platform's base is approximately 13'1O~" above the top of the
raiL. The Commission invited interested persons to me written comments on the Application no
later than April 3, 1995. Copies ofthe Notice were sent to the Union Pacific Railroad Company,
its affiliated unions, and to Amalgamated's employee union (Local 284 of the American
Federation of Grain Milers). No comments were received.
Staff members of our Regulated Carer Division also reviewed the Application. The
Staff concluded that the constrcted platform improves employee safety for the loading and
cleaning of car. To safeguard rail or Amalgamated employees durig ra car movement, Staf
ORDER NO. 25989 - 1 -
recommended that Amalgamated erect an "impaired side clearance" sign between the spurs
approaching the platform.
Based upon the lack of any comments and the Staffs recommendation, the
Commission finds it is reasonable to grant Amalgamated Sugar the requested waiver from our
Railroad Clearance Rule 302( d) conditioned upon the erection of the "impaied side clearance"
signs.
o R D E R
IT is THEREFORE ORDERED that Amalgamated Sugar Company's Application for
a waiver from Rairoad Clearance Rule 302( d) is conditionally granted. The Company.shal erect
two "impaied side clearance" signs: one sign centered above the entrance to the building
containing the platform and the other on the north end of the platform between the two rail spurs.
Each sign shall be at least sixteen (16) inches vertically by twenty (20) inches horizontally.
Black lettering shall be at least three (3) inches in height against a white reflectorIzed
background.
IT is FURTHER ORDERED that the Regulated Carer Division visit the facilty to
ensure that the "impaied side clearance" signs are constrcted and placed in accordance with this
Order.
THIS is A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. UP-RR-95-1
may petition for reconsideration within twenty-one (21) days of the service date of this Order
with regard to any matter decided in this Order or in interlocutory Orders previously issued in
this Case No. UP-RR-95-1. Within seven (7) days afer any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code
§ 61-626.
ORDER NO. 25989 - 2 -
DONE by Order of the Idaho Public Utilties Commission at Boise, Idaho this
~ day of May 1995.
~gU~RASON. PRESIDEN~d~
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER
ATTEST:
~~~~¿~
Myrna J. Walters
Commission Secretar
JR\O-UP-RR-95-1.DH
ORDER NO. 25989 - 3 -
#'
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"IMAIRD SIDE CLEARCE WARING SIGNS"
Minimum 16" vertcally by 20" horizontaly. Black lettering minimum 3" in height agaist a
white reflectorized background.
ATTACHMENT TO
ORDER NO. 25989
T
~l
IMPAIRE
SIDE
CLEARANCE
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