20040622motion.pdf

ORIGINAL
LAWRENCE G. WASDEN
ATTORNEY GENERAL
CLIVE J. STRONG
Deputy Attorney General
Chief, Natural Resources Division
EMILY KANE, Idaho State Bar no. 6278
Deputy Attorney General.
Natural Resources Division
700 West Jefferson, S te 210
O. Box 83720
Boise ID 83720-0010
Phone: [phone]
Fax: [phone]
ekane~ag. state.id.
Attorneys for Idaho Department of Lands
HECEIVED illFILED
2004 JUN2' Pt~ it: 42
,In FUEL Ie
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF GREAT NORTHWEST
RAILROAD'S INTENT TO ABANDON THE
J A YPE BRANCH LINE LOCATED IN
CLEARWATER COUNTY, IDAHO.
. CASE NO. GNW-O4-
MOTION REQUESTING THAT
COMMISSION OBTAIN
STB ORDER REQUIRING
REMOVAL OF RAILROAD
STRUCTURES FOLLOWING
ABANDONMENT
COMES NOW IDAHO DEP ARTMENT OF LANDS ("IDL"), by and through its
attorney, Deputy Attorney General Emily Kane, and moves that the Idaho Public Utilities
Commission ("PUC") actively represent the interests and concerns of IDL in proceedings before
the Surface Transportation Board ("STB") regarding the abandonment of the Jaype branch line
located in Clearwater County, Idaho.
MOTION REQUESTING THAT COMMISSION OBTAIN STB ORDER
REQUIRING REMOV AL OF RAILROAD STRUCTURES FOLLOWING
ABANDONMENT, Page
This motion is made pursuant to Rule 56 of the Rules of Procedure of the PUC, in
response to the PUC's NOTICE OF INTENT TO ABANDON A RAIL LINE, NOTICE OF
HEARING, which was served on IDL on June 8 , 2004.
STATEMENT OF FACTS AND LAW
Generally, IDL's functions include management of state lands and protection of Idaho
natural resources. Pursuant to section 7 , article 9 of the Idaho Constitution, IDL, on behalf of the
State Board of Land Commissioners, is charged with the "direction, control, and disposition of
the public lands of the state." Idaho Code ~ 58-101.
On May 19, 1928, and November 7, 1929, pursuant to its authority under Idaho Code
~ 58-603 , IDL granted rights-of-way to Northern Pacific Railway Company for the purpose of
running the Jaype branch line over state land. (See Exhibit A, Right Of Way Deed no. 252; and
Exhibit B, Right Of Way Deed no. 267.
The land adjacent to this portion of railroad easement to be abandoned is still state land
and management thereof remains the responsibility of IDL. Upon abandonment of the Jaype
branch line, the right-of-way upon which railroad structures, including ties, trestles, and culverts
are now situated, will be reabsorbed into the adjacent parcel and will also be managed by IDL.
Materials and structures that will remain on this right-of-way when the Jaype branch line
is abandoned include approximately thirteen (13) trestles and eleven (11) culverts, as well as
uncounted rails, ties, abutments, and concrete barriers. (See Exhibit C, IDL's Structure Location
Survey.) Should the salvage effort fail to accomplish removal of all materials and structures on
state land, IDL will be left with this task. This is a task for which IDL lacks adequate resources
and for which IDL should not be responsible. IDL therefore seeks assurance that Great
Northwest Railroad, Inc. will indeed remove any and all trestles, culverts, rails, ties,
MOTION REQUESTING THAT COMMISSION OBTAIN STB ORDER
REQUIRING REMOV AL OF RAILROAD STRUCTURES FOLLOWING
ABANDONMENT, Page 2
abutments, and concrete barriers from the abandoned right-of-way, if and when the
abandonment is consummated.
The railroad structures are approximately eighty (80) years old and throughout their
existence have been exposed to the stresses of regular use and constant exposure to often-harsh
elements. Most of the trestles and culverts are already in various states of deterioration.
The ongoing weakening of these structures places at risk the integrity of Orofino Creek
and the stream tributaries thereto that have been channeled under trestles and through culverts
along the J aype branch line. Further, in the event of a high water event on Orofino Creek, the
trestles could easily collapse and wash massive amounts of debris downstream, or accumulate
flood-level amounts of water and release it downstream all at once. It is likely that such a flood
would cause extensive property damage, and downstream bridges and roads would be put at risk.
These foreseeable dangers, and other unforeseen contingencies, will very likely arise if
aging railroad structures are allowed to remain on the former railroad easement following the
salvage effort. Both are hazardous to the health, safety, and well being of the people, property,
and natural resources of the State of Idaho.
For these reasons, it is the opinion ofIDL that abandonment of the Jaype branch line will
adversely affect the area being served, unless the PUC obtains from the STB an enforceable
order requiring Great Northwest Railroad, Inc. to remove all trestles, culverts, rails, ties
abutments, concrete barriers, and other structures or materials from the abandoned rail line.
PRAYER FOR RELIEF
IDL requests that the PUC seek from the STB an enforceable order requiring Great
Northwest Railroad, Inc. to remove all trestles, culverts, rails, ties, abutments, concrete barriers
and other structures or materials from the abandoned right-of-way.
MOTION REQUESTING THAT COMMISSION OBTAIN STB ORDER
REQUIRING REMOVAL OF RAILROAD STRUCTURES FOLLOWING
ABANDONMENT, Page 3
Alternatively, if no such order may be obtained, IDL requests that the PUC file with the
STB a formal protest to the proposed abandonment of the Jaype branch line on the grounds that
the abandonment will adversely affect the area being served.
IDL requests the opportunity to present an oral argument in support of this motion at the
public hearing scheduled for 1 :00 p.m. on Monday, June 28 , 2004 in Orofino.
DATED this 2. \ day of June 2004.
EMIL KANE
Deputy Attorney General
MOTION REQUESTING THAT COMMISSION OBTAIN STB ORDER
REQUIRING REMOV AL OF RAILROAD STRUCTURES FOLLOWING
ABANDONMENT, Page 4
CERTIFICATE OF SERVICE
C;t-I HEREBY CERTIFY that I have, this day of June 2004, served one (1) original and, by
permission of the Commission Secretary under Rule 61.03 , two (2) copies of the foregoing
MOTION REQUESTING THAT COMMISSION OBTAIN STB ORDER REQUIRING
REMOV AL OF RAILROAD STRUCTURES FOLLOWING ABANDONMENT by hand
delivery to:
Jean D. Jewell, Commission Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, ID 83702
/) \
S'~I FURTHER CERTIFY that I have, thIS ~I day of June 2004, served one (1) copy of the
foregoing MOTION REQUESTING THAT COMMISSION OBTAIN STB ORDER
REQUIRING REMOV AL OF RAILROAD STRUCTURES FOLLOWING ABANDONMENT
by hand delivery to:
Don Howell, Lead Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington
Boise ID 83702
EMIL
~ ~
Deputy Attorney General
MOTION REQUESTING THAT COMMISSION OBTAIN STB ORDER
REQUIRING REMOV AL OF RAILROAD STRUCTURES FOLLOWING
ABANDONMENT, Page 5
Exhibits A, B and C
are to dark to scan - see case file