HomeMy WebLinkAbout20060996.tiff Decision No. R06-0264-I
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 05A-500R
IN THE MAI IER OF THE INSTALLATION OF YIELD OR STOP SIGNS BELOW
CROSSBUCKS AT ALL 270 UNION PACIFIC RAILROAD PUBLIC CROSSINGS THAT
CURRENTLY HAVE ONLY CROSSBUCKS IN THE STATE OF COLORADO.
INTERIM ORDER OF
ADMINISTRATIVE LAW JUDGE
MANA L. JENNINGS-FADER
SCHEDULING HEARING DATES AND
ESTABLISHING PROCEDURAL SCHEDULE
AND FILING REQUIREMENTS
Mailed Date: March 21, 2006
I. STATEMENT
1. On November 22, 2005, Union Pacific Railroad Company (UPRR or Applicant)
filed an Application for Authority to Install Yield or Stop Signs Below Crossbucks at All Union
Pacific Railroad Crossings that Currently Have Only Crossbucks (Application). The filing
commenced this proceeding. UPRR subsequently filed an Amended Application, which was
substituted for the original Application.'
2. The Commission issued its Notice of Application Filed and Notice of Hearing.
The Board of County Commissioners of Delta County, the Colorado Department of
Transportation, the City and County of Denver, and the Board of County Commissioners of Weld
County each intervened.
Reference to Application in this Order is to the Amended and substituted Application.
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,7A/1-03-O(0
Before the Public Utilities Commission of the State of Colorado
Decision No. R06-0264-I DOCKET NO. OSA-SOOR
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3. By Decision No. C06-0107, the Commission deemed the Application complete.
UPRR has waived the provisions of § 40-6-109.5, C.R.S., as they apply to this proceeding.
Decision No. R06-0188-I.
4. On motion of Applicant, the Administrative Law Judge (ALJ) vacated the
procedural schedule and hearing dates in this matter. Decision No. R06-0188-I. The ALJ
ordered UPRR to file a proposed procedural schedule and proposed hearing dates which are
acceptable to all parties. Id.
5. On March 17, 2006, Applicant filed its Response to that Order. In that filing,
UPRR sets out a proposed procedural schedule and hearing dates. In addition, UPRR states that
the parties which are expected to be active in this proceeding either agree to, or indicate that they
do not oppose, the proposed schedule. The ALJ finds the dates to be acceptable and will accept
the proposed schedule and hearing dates.
6. The following will be adopted: (a) on or before April 19, 2006, UPRR will file
and serve its list of witnesses and copies of its exhibits; (b) on or before June 5, 2006, each
intervener will file and serve its list of witnesses and copies of its exhibits; (c) on or before
July 12, 2006, each party will file and serve its prehearing motions; (d) on or before July 17,
2006, the parties will file and serve any stipulation reached; and (e) hearing will be held on
July 20 and 21,2006.
7. No prehearing conference will be scheduled at this time. If a party wishes to have
such a conference, that party may file an appropriate motion.
8. The parties are advised that the list of witnesses must contain at least the
following information for each witness who is expected to testify: name, address, and telephone
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Before the Public Utilities Commission of the State of Colorado
Decision No.R06-0264-1 DOCKET NO.05A-S00R
number of the identified witness; a detailed summary of the testimony the witness is expected to
give; and an identification of the exhibits which the witness is expected to sponsor.
9. In addition, the parties are advised that, notwithstanding the prefiling of exhibits,
each party must provide at hearing a copy of each exhibit which it intends to offer into evidence.
10. Except as modified by this Order, Rule 4 Code of Colorado Regulations (CCR)
723-1-77 will govern discovery in this proceeding. There will be a discovery cut-off date of
July 1, 2006 in this proceeding. This is the last date on which discovery may be propounded.
11. At the time a stipulation is filed, the parties will be ordered to provide a copy of
that stipulation directly to the ALJ. This requirement will not reduce the number of copies which
must be filed in accordance with the Commission's rules.
12. At the time a prehearing motion is filed and at the time a response to a prehearing
motion is filed, the filing party will be ordered to provide a copy of the filing directly to the ALJ.
This requirement will not reduce the number of copies which must be filed in accordance with
the Commission's rules.
13. The parties are advised that, on April 1, 2006, new rules of Commission Practice
and Procedure will become effective and will govern this proceeding as of that date.'
2 Those rules can be found at Rule 4 CCR 723-1-1000 et seq. and are on the Commission's website
(www.dora.state.co.us/puc).
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Before the Public Utilities Commission of the State of Colorado
Decision No.R06-0264-I DOCKET NO.05A-500R
II. ORDER
A. It Is Ordered That:
1. Hearing in this matter shall be conducted on the following dates, at the following
times, and in the following place:
DATES: July 20 and 21, 2006
TIME: 9:00 a.m. each day
PLACE: Commission Hearing Room
1580 Logan Street, OL2
Denver, Colorado
2. The following schedule is adopted: (a) on or before April 19, 2006, Union Pacific
Railroad Company will file and serve its list of witnesses and copies of its exhibits; (b) on or
before June 5, 2006, each intervener will file and serve its list of witnesses and copies of its
exhibits; (c) on or before July 12, 2006, each party will file and serve its prehearing motions; and
(d) on or before July 17, 2006, the parties will file and serve any stipulation reached.
3. At the time a stipulation is filed, the parties shall provide a copy of that stipulation
directly to the Administrative Law Judge (ALJ). This requirement does not reduce the number of
copies which must be filed in accordance with the Commission's rules.
4. At the time a prehearing motion is filed and at the time a response to a prehearing
motion is filed, the filing party shall provide a copy of the filing directly to the ALJ. This
requirement does not reduce the number of copies which must be filed in accordance with the
Commission's rules.
5. Except as modified by this Order, Rule 4 Code of Colorado Regulations 723-1-77
(through and including March 31, 2006) and Rule 4 Code of Colorado Regulations 723-1-1405
(on and after April 1, 2006) will govern discovery in this proceeding. There will be a discovery
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Before the Public Utilities Commission of the State of Colorado
Decision No. R06-0264-I DOCKET NO. 05A-SOOR
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cut-off date of July 1, 2006 in this proceeding; this is the last date on which a party may
propound discovery.
6. The parties shall make the filings and shall follow the procedures as set out in this
Order.
7. This Order is effective immediately.
(S EA L) THE PUBLIC UTILITIES COMMISSION
Coto OF THE STATE OF COLORADO
MANA L. JENNINGS-FADER
Administrative Law Judge
<e ,
ATTEST: A TRUE COPY
Doug Dean,
Director
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