HomeMy WebLinkAbout20082097.tiff Decision No. C08-0701
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 0101A-057R
IN THE MATTER OF THE APPLICATION OF THE TOWN OF MILLIKEN, COLORADO,
FOR THE AUTHORITY TO UPGRADE THE CROSSINGS OF THE UNION PACIFIC
RAILROAD AT THE CROSSINGS OF WELD COUNTY ROADS 23 AND 46, BOTH IN THE
TOWN OF MILLIKEN, WELD COUNTY, COLORADO.
COMMISSION ORDER GRANTING
AMENDED APPLICATION AND RESCINDING
PORTIONS OF DECISION NO. R01-874
Mailed Date: July 14, 2008
Adopted Date: July 9, 2008
I. BY THE COMMISSION
A. Statement
1. This matter comes before the Commission for consideration of an Amended
Application filed by the Town of Milliken (Milliken) on May 27, 2008, requesting to remove the
Weld County Road 46 (WCR 46) crossing from its original application, National Inventory
No. 804534P, and that the Commission's decision ordering the installation of flashing lights,
gates, bells, and motion sensing devices at WCR 46 be rescinded.
2. The Commission approved Milliken's request to install active warning devices at
the WCR 46 crossing by Decision No. RO1-874, mailed August 28, 2001, and authorized and
directed Milliken and the Union Pacific Railroad Company (UPRR) to install the active warning
devices at WCR 46. The initial application also requested that appropriate funding be made
available from the Highway Crossing Protection Fund (HCPF). The Commission allocated costs
of the WCR 46 crossing at 75 percent to Milliken, 20 percent to UPRR, and 5 percent to the
HCPF.
o -c1 fi L) 2008-2097
Before the Public Utilities Commission of the State of Colorado
Decision Na. COS-0701 DOCKET NO. 01A-057R
3. Milliken states in the Amended Application that, at the time of the original
application filed on February 2, 2001, there was expected residential growth in the surrounding
area. Since that time, the anticipated growth has not been realized and current traffic volumes
using the crossing (approximately 200 vehicles per day) have not increased substantially from
the 188 vehicles per day stated in the original application. Milliken provides a history of the
building permits in Milliken as evidence to this fact.
4. Milliken states that the signal equipment purchased by Milliken for this crossing
is currently being stored on UPRR property and that Milliken is making no claims for a refund
for any portion of the purchase price of the equipment.
5. Our review of the initial application indicates that substantial roadwork would be
necessary to complete this project.
6. Milliken requests the Commission remove the WCR 46 crossing from its
application and rescind the Commission's order regarding ordered changes at that crossing.
7. UPRR filed an Entry of Appearance and Notice of Intervention in this matter.
UPRR states it does not contest or oppose the granting of this application. We note that the
record already shows that UPRR is a party in this proceeding.
8. Now being duly advised in the matter, the Commission finds good cause has been
stated and will grant the Amended Application.
II. ORDER
A. The Commission Orders That:
1. The Amended Application filed by the Town of Milliken (Milliken) in Docket
No. 06A-404R is granted.
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Before the Public Utilities Commission of the State of Colorado
Decision No. C08-0701 DOCKET NO. 01A-057R
2. Those portions of Commission Decision No. RO1-874 authorizing and directing
Milliken to install flashing lights, gates, bells, and motion sensing devices at Weld County
Road 46 (WCR 46) are rescinded.
3. Those portions of Commission Decision No. R01-874 pertaining to 5 percent of
the cost of the WCR 46 project that was to be paid from funds in the Highway Crossing
Protection Fund are rescinded. Those funds encumbered for this project are ordered to be
unencumbered and placed back in the general fund balance for availability for other highway-rail
crossing signalization projects.
4. 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.
5. The Commission retains jurisdiction to enter further required orders.
6. This Order is effective on its Mailed Date.
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Before the Public Utilities Commission of the State of Colorado
Decision No. C08-0701 DOCKET NO. 01A-057R
B. ADOPTED IN COMMISSIONERS'WEEKLY MEETING
July 9, 2008.
(S E A L) THE PUBLIC UTILITIES COMMISSION
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O
< w' o RON BINZ
Cf `-'17LITI8SGO�. JAMES K. TARPEY
ATTEST: A TRUE COPY
far (Z/��� MATT BAKER
Commissioners
Doug Dean,
Director
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