28219.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE PETITION FROM UNION PACIFIC RAILROAD COMPANY TO CLOSE A GRADE CROSSING IN PONDERAY LOCATED AT MILEPOST 76.12. ))))))

SUPREME COURT
DOCKET NO. 25995

IPUC CASE NO. UPR-R-99-1

IPUC ORDER NO. 28219 CITY OF PONDERAY,
Intervenor-Appellant,
v.
IDAHO PUBLIC UTILITIES COMMISSION,
Respondent on Appeal,
and
UNION PACIFIC RAILROAD COMPANY,
Applicant-Respondent on Appeal.
)))))))))))))

On November 4, 1999, the City of Ponderay filed a timely Notice of Appeal from Order No. 28163 in the above referenced Commission case. Idaho Appellate Rule 6 provides that the Commission “may by order correct the title of an appeal or cross-appeal at any time before the . . . agency’s record is lodged. . . .” This Rule also provides that in an appeal from an Order of the Commission that the “applicant in the original proceedings shall be made a party to the appeal, and designated as a ‘respondent’.” I.A.R. 6.
Pursuant to Appellant Rule 6, the Commission issues this Order correcting the title and case caption on appeal and includes Union Pacific as a respondent to the appeal.

O R D E R
IT IS HEREBY ORDERED that the title of the appeal and case caption in this matter shall be corrected as reflected above.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this day of November 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/O:uprr991_dh5

ORDER NO. 28219 1

Office of the Secretary
Service Date
November 17, 1999