Comments.doc

Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
Tele: (208) 334-
FAX: [phone]
Idaho Bar No. 3366

Street Address for Express Mail:

472 W Washington
Boise, ID 83702-5983

Attorney for the Idaho Public Utilities Commission Staff

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. )
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) CASE NO. UPR-R991

STAFF COMMENTS

COMES NOW the Staff of the Idaho Public Utilities Commission by and through its attorney of record and submits the following comments in this proceeding. In Order No. 28045 issued May 13, 1999, the Commission invited interested persons to submit written comments regarding the closure of the “old” grade crossing located at Milepost 75.12. In that Order the Commission reiterated findings made in a prior Order that the “new” grade crossing (located at MP 75.45) will be safer than the old crossing once the warning signals, barrier gates, and highway widening projects are completed. See Order No. 28045 at 6. The Commission also noted that the remaining question at this juncture of the case is “whether the old crossing is necessary to gain vehicular access to the commercial triangle.” Id. at 8. Consequently, Staff offers the following comments directed to the question of vehicular access.
It is Staff’s position that closure of the old crossing will improve the public safety by closing a dangerous crossing and that the three remaining access points provide sufficient vehicular access to the commercial triangle. Consequently, Staff believes that the old crossing is not reasonably necessary to gain access or exit from the commercial triangle. The Commission should grant the request of Union Pacific to close the old crossing and deny the objections made by the City of Ponderay.
Exhibit No. 203 was admitted in the Commission’s first proceeding regarding this crossing dispute, Case No. R-2004-6. This exhibit (in “blueprint” form) depicts road alignments, railroad tracks and property parcels of the area generally referred to by the Commission as the commercial triangle. Staff has revised the original Exhibit 203 to show the vehicular access points, the location and directional view of the Staff’s photographs, and the names of streets to conform to the descriptions contained in the Commission’s Order No. 28045. As indicated in Revised Exhibit 203, access “A” is the new crossing on State Highway 200, access “B” is the old crossing on State Highway 200, access “C” is the intersection of Tibbetts Road and U.S. Highway 95, and access “D” is the intersection of Bonner Mall Way and U.S. 95. The revised exhibit does not show a third Union Pacific track that the Railroad constructed between the two crossings.

STAFF PHOTOGRAPHS
The Staff photographs (identified as Staff Exhibit Nos. 1 through 11) were taken by the Commission’s Rail Safety Specialist Dan Vickers on February 9, 1999. The photographs are a fair and accurate depiction of the crossings and access points as they existed on February 9, 1999. These photographs portray the access points, the crossings, and portions of the internal roadways.
1. Staff Exhibit No. 1 shows the access to the old crossing from southbound State Highway 200. As depicted in the picture, the old crossing intersects with the State Highway at a curve in the highway in the forefront of the white building located at the left-center of the photograph. The crossing then proceeds through the “cut” (depicted by the “arrow”) between the parked rail car located on the tracks adjacent to the crossing.
2. Staff Exhibit No. 2 shows the approach to the old crossing looking south from State Highway 200. The 45 mph speed limit on this State Highway is posted in the sign located in the left-center of the photograph. The railroad crossing (cross-arm) sign and stop sign on the west side of the crossing can be seen in the center of the photograph.
3. Staff Exhibit No. 3 is looking east across the old crossing to State Highway 200 where the car in the upper-center of the photograph is located. This photo also indicates the condition of the highway surface at the old grade crossing. It also depicts the distance between the two sets of track. Finally, it shows the railroad grade crossing (cross-arm) sign and the accompanying stop sign facing east. This is access point “B” on Revised Exhibit 203.
4. Staff Exhibit No. 4 shows the driver’s view looking through the passenger window while stopped at the old crossing facing east. Note that the parked rail cars on the siding obstruct the view of the other track.
5. Staff Exhibit No. 5 is looking north and shows the acute curve at the old crossing where Fontaine Drive parallels the railroad tracks. As depicted in Revised Exhibit 203, Fontaine Drive parallels the railroad track for approximately 450 feet.
6. Staff Exhibit No 6 depicts the new crossing across two tracks at State Highway 200 looking east from East Gate Drive. Note that the warning signals and barrier arms are installed. This is access point “A” on Revised Exhibit 203.
7. Staff Exhibit No. 7 depicts the approach to the new crossing from southbound State Highway 200. Note that there is a deceleration/right-turn lane in the center of the photo.
8. Staff Exhibit No. 8 depicts the intersection of Fontaine Drive with Bonner Mall Way. Fontaine Drive runs from the lower left-hand corner of the photograph to the stop sign in the center of the photograph. The brown car located in the left-center of the photograph is stopped at the intersection of Bonner Mall Way and U.S. 95 (access point “D” on Revised Exhibit 203). The McDonalds parking lot is shown in the right side of this photo.
9. Staff Exhibit No. 9 is taken from Fontaine Drive looking north towards the intersection of Bonner Mall Way. The large snow pile in the right-center of the photograph is at the “rear” of the McDonalds parking lot on the north side of the intersection of the alley and Fontaine Drive. On the left side of the snow pile is the sign shown in Staff Exhibit 10.
10. Staff Exhibit No. 10 is looking south from the McDonalds parking lot on Fontaine Drive. Note the McDonalds and highway signs located in the center of the photograph. This sign is located adjacent to the intersection of Fontaine Drive and the alley running from Fontaine Drive on the west to East Gate Drive on the east side of the commercial triangle at the new crossing. The sign indicates that State Highway 200 is to the left (east) of this sign.
11. Staff Exhibit No. 11 shows the intersection of Tibbetts Road and Fontaine Drive looking west toward U.S. 95. The building in the left center of the photograph is the Co-op. The intersection of Tibbetts Road and U.S. Highway 95 is access point “C” on Revised Exhibit 203.

ACCESS POINTS
As indicated in the Staff photographs and Revised Exhibit 203, there would still be three vehicular access points if the old crossing were closed. Staff believes that the three access points (A, C, and D) provide reasonable accommodation for vehicular access to the commercial triangle. Although some businesses in the area indicated that large vehicles may experience difficulty in negotiating the turns on East Gate Drive or the intersection of Fontaine Drive and Bonner Mall Way, access is currently available at Tibbetts Road. As the Commission’s Order No. 28045 observed, the Idaho Transportation Department is planning to make improvements to U.S. 95. Notwithstanding long-term improvements, interim measures could be implemented to mitigate the vehicle turning concerns. For instance, the intersection(s) of Tibbetts Road and/or Bonner Mall Way and U.S. 95 could be signalized.
Either independently or as part of the U.S. 95 project, internal circulation and access to the commercial triangle could also be improved. For example, the alley between East Gate Drive and Fontaine Drive could be converted to a public street. As portrayed in Revised Exhibit 203 the alley runs from East Gate Drive at the new crossing to Fontaine Drive. An additional access would also be available if the alley were extended to intersection with U.S. 95. The proposed highway project is to widen U.S. 95 to four lanes (two in each direction) and a center lane for turning traffic. If the alley were converted to a public street and extended to U.S. 95, then the center lane would accommodate turning southbound traffic from the alley and turning traffic from southbound U.S. 95. The signal at U.S. 95 and State Highway 200 (at the southern point of the commercial triangle depicted in Revised Exhibit 203 interrupts the flow of traffic and would allow traffic to turn into and from the alley/street extension.

SUMMARY
Given the inherent danger of the old crossing—unsignalized, no barrier gates, two tracks, yard cars blocking views, train traffic, southbound Fontaine Drive travelers have to look over their left shoulder and UP’s yard operations, the old crossing should be closed. There remains a sufficient number of access points to accommodate vehicular access to the commercial triangle. In addition, using a portion of the U.S. 95 highway improvement funds or other funding sources to widen the private alley and extend it to intersect with U.S. 95 may add an additional access point and greatly improve internal circulation. Given the costs of signalizing the old crossing, this money, from whatever source, may be better spent improving the circulation and access points.
In conclusion, the Staff recommends that the Commission authorize Union Pacific to close the old crossing based upon safety considerations and the remaining number of access points to reasonably accommodate vehicular traffic entering or exiting the commercial triangle.
RESPECTIVELY submitted this lst day of June 1999.

Deputy Attorney General

vld/N:UPR-R-99-1_dh2.doc
Because of its large size, Revised Exhibit 203 is only being filed with the Commission. It will be available for examination at the public hearing.

STAFF COMMENTS 5