HomeMy WebLinkAbout20080931.tiff Decision No. C08-0298
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 08A-034R
IN THE MATTER OF THE CITY OF FORT LUPTON, FOR AUTHORITY TO INSTALL
NEW FLASHING LIGHT SIGNALS,AUTOMATIC GATE ARMS, CONSTANT WARNING
CIRCUITRY AT THE CROSSING OF THE UNION PACIFIC RAILROAD COMPANY
TRACK AT 4TH STREET IN THE CITY OF FORT LUPTON, WELD COUNTY,
COLORADO.
COMMISSION ORDER DEEMING APPLICATION
COMPLETE AND GRANTING APPLICATION
Mailed Date: March 20, 2008
Adopted Date: March 19, 2008
I. BY THE COMMISSION
A. Statement
1. This matter comes before the Commission for consideration of an application
(Application) filed by the City of Fort Lupton (Fort Lupton) on January 30, 2008 requesting
authority to install new flashing LED lights, gates, bells, constant warning time circuitry, and a
new cabin at the crossing of 4th Street with the Union Pacific Railroad Company (UPRR),
National Inventory No. 804464C in Fort Lupton, Colorado.
2. The Commission gave notice of this Application to all interested parties, including
adjacent property owners in accordance with § 40-6-108(2), C.R.S. The Notice was mailed
February 11, 2008.
3. On February 4, 2008, Commission Staff(Staff) sent a deficiency letter by email to
Fort Lupton outlining information missing from the application.
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Before the Public Utilities Commission of the State of Colorado
Decision No.COS-0298 DOCKET NO. 08A-034R
4. On February 27, 2009, Staff called Fort Lupton because no response to the
deficiency letter had been received by the required February 14, 2008 date. Fort Lupton stated it
had not received the deficiency letter by email. Both Staff and Fort Lupton sent test emails to
each other: neither party received the email from the other. A copy of the deficiency letter was
faxed to Fort Lupton.
5. On February 29, 2008, UPRR filed an Entry of Appearance and Notice of
Intervention. UPRR does not oppose or contest the granting of the Application, but rather
indicates that UPRR will participate in any hearing which results from an intervention contesting
or objecting to any portion of the Application. If there are no other interventions or protests, and
as long as the appropriate agreements are reached between UPRR and Fort Lupton, UPRR has no
objection to the Application being handled by the Commission's modified procedure.
6. On March 5, 2008, Fort Lupton provided the information deficient from its
Application. Fort Lupton did provide a response to deficiencies within ten days of when
Fort Lupton received the fax copy of the Staff deficiency letter.
7. On March 6, 2008, Suncor Energy filed a response to the Application stating
Suncor Energy's intent to be involved with this project. Suncor Energy is concerned about how
the railroad crossing plans will impact Suncor Energy's ability to safely operate the high pressure
petroleum pipeline located to the east of the crossing.
8. Suncor Energy was contacted by Staff on March 12, 2008 to discuss the pipeline.
The Application showed the pipeline to be located 37 feet to the east of the centerline of track.
Suncor Energy personnel went to the field to verify the location and informed Staff that the
pipeline was actually 27 feet to the east of the centerline of track. Suncor Energy was concerned
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Before the Public Utilities Commission of the State of Colorado
Decision No. COB-0298 DOCKET NO. 08A-034R
that the location of the crossing control cabin would impact the safety of the pipeline given the
location would be right at or near the pipeline.
9. Staff contacted UPRR on March 12, 2008, to ascertain what steps UPRR could
take to ensure the control cabin would not be located on top of the high pressure petroleum
pipeline. UPRR responded on March 12, 2008, that based on a site visit to the crossing, they
could locate the control cabin in the northwest quadrant of the crossing as opposed to the initially
proposed southeast quadrant shown on the schematic diagram.
10. The proposed crossing safety improvements will not involve any roadway
construction other than that necessary to install the crossing signals. Because of the scope of
work for this project and the burdensome costs to provide, Fort Lupton does not provide detailed
plans and profile drawing, signing and striping plans, and a detailed map showing buildings,
structures, and property lines pursuant to Commission Rules 4 Code of Colorado Regulations
(CCR) 7204(b)(XII) and (XIII). Fort Lupton commits to installing approach signing and striping
that conform to national standards. Our Rule 7204(b) allows an applicant to omit required
information the applicant believes is excessive compared to the scope of the proposed project
provided the application specifically justifies the omission. Given the scope of the safety
improvements for this project and Fort Lupton's commitment to install approach signing and
striping that conform to national standards, we agree with Fort Lupton that the detailed plans and
profile drawing, and signing and striping plans are not necessary for this application.
11. The Commission has reviewed the record in this matter and deems that the
application is complete within the meaning of§ 40-6-109.5, C.R.S.
12. Now being fully advised in the matter, we grant the application.
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Before the Public Utilities Commission of the State of Colorado
Decision No. C08-0298 DOCKET NO.08A-034R
B. Findings of Fact
13. The Commission gave notice to all interested parties, including the adjacent
property owners. No intervention was received opposing the application.
14. Fort Lupton proposes to install new flashing LED light signals, gates, bells,
constant warning time circuitry, and a new cabin at this crossing as part of the Federal
Section 130 railroad/highway hazard elimination program.
15. Suncor Energy raised an issue regarding a high-pressure petroleum pipeline
located to the east of the crossing and the proposed location of the control cabin. We would
prefer the control cabin not be placed on or near the pipeline based on the potential gas pipeline
and railroad safety issues that could arise from such placement. Based on UPRR's
correspondence that they can place the control cabin in the northwest quadrant of the crossing as
opposed to the southeast quadrant as currently shown in the front sheet, we will require UPRR to
construct the cabin in the northwest quadrant of the crossing. This will resolve the potential gas
pipeline and railroad safety issues.
16. Fort Lupton states that the current average daily traffic volume using the crossing
is 2,500 vehicles per day, with estimated growth to 5,000 by 2012. UPRR currently runs seven
train movements per day through the crossing at a maximum speed of 60 miles per hour with
projections to 12 trains per day by the year 2012.
17. Fort Lupton states the estimated costs for the proposed crossing change is
$260,662. Federal Section 130 funds will pay for 100 percent of eligible costs and Colorado
Department of Transportation funds will pay for non-participating and indirect costs.
Fort Lupton requests to late-file the signed Construction and Maintenance Agreement. We will
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Before the Public Utilities Commission of the State of Colorado
Decision No. C08-0298 DOCKET NO. 08A-034R
require Fort Lupton to file the signed Construction and Maintenance Agreement by August 16,
2008, approximately 150 days from the date of approval of this Application.
18. Fort Lupton states signal work is proposed to begin July 1, 2008, and end with
commencement of crossing operations on December 31, 2008. We will require Fort Lupton to
inform us in writing that the crossing changes are complete and operational within ten days of
completion. We shall expect this letter sometime around December 31, 2008. However, we
understand this letter may be provided earlier or later than this date depending on changes or
delays to the construction schedule.
19. Fort Lupton states it will maintain the roadway approaches to the end of ties at its
expense. UPRR will maintain the track, appurtenances, and warning devices at its expense.
C. Conclusions
20. The Commission has jurisdiction in this matter under §§ 40-4-106(2)(a) and
(3)(a), C.R.S.
21. No intervenor that filed a petition to intervene or other pleading contests or
opposes the application.
22. Because the application is unopposed, the Commission will determine this matter
upon the record, without a formal hearing under § 40-6-109(5), C.R.S., and Rule 1403,
Commission Rules of Practice and Procedure, 4 CCR 723-1.
23. We will grant the Application consistent with the above discussion in
paragraphs 14 through 19.
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Before the Public Utilities Commission of the State of Colorado
Decision No. COS-0298 DOCKET NO. 08A-034R
II. ORDER
A. The Commission Orders That:
I. This application (Application) filed by the City of Fort Lupton (Fort Lupton) on
January 30, 2008, requesting authority to install new flashing LED lights, gates, bells, constant
warning time circuitry, and a new cabin at the crossing of 4th Street with the Union Pacific
Railroad Company (UPRR), National Inventory No. 804464C in Fort Lupton, Colorado is
deemed complete within the meaning of§ 40-6-109.5, C.R.S.
2. The intervention filed by UPRR is noted.
3. The Application is granted.
4. Fort Lupton is authorized and ordered to proceed with crossing improvements
consisting of flashing LED lights, gates, bells, constant warning time circuitry, and a new cabin
at the crossing of 4th Street with the UPRR.
5. Fort Lupton is required to maintain the approaches to the crossing surface up to
the outside end of the ties at its expense pursuant to Rule 4 Code of Colorado Regulations (CCR)
723-7-7211(c).
6. UPRR is required to maintain the crossing surfaces, track, and appurtenances at
its expense pursuant to Rule 4 CCR 723-7-7211(a).
7. UPRR is required to construct the cabin in the northwest quadrant of the crossing.
8. Fort Lupton is required to file signed copies of the Construction and Maintenance
agreement by August 16, 2008.
9. Fort Lupton is required to inform the Commission in writing that the crossing
changes are complete and operational within ten days after completion. We shall expect this
letter around sometime around December 31, 2008. However, we understand this letter may be
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Before the Public Utilities Commission of the State of Colorado
Decision No. C08-0298 DOCKET NO.08A-034R
provided earlier or later than this date depending on changes or delays to the construction
schedule.
10. The 20-day period provided for in § 40-6-114, C.R.S., within which to file
applications for rehearing, reargument, or reconsideration, begins on the first day following the
effective date of this Order.
11. The Commission retains jurisdiction to enter further required orders.
12. This Order is effective on its Mailed Date.
B. ADOPTED IN COMMISSIONERS'WEEKLY MEETING
March 19, 2008.
(S E A I,) THE PUBLIC UTILITIES COMMISSION
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4 OF THE STATE OF COLORADO
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ATTEST: A TRUE COPY
ear MATT BAKER
Commissioners
Doug Dean,
Director
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