HomeMy WebLinkAbout20060556.tiff Decision No. R06-0142-I
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO'
DOCKET NO. 05A-500R
IN THE MAIIER 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
GRANTING PETITION TO INTERVENE,
ORDERING FILING,AND
RESTATING PROCEDURAL SCHEDULE
Mailed Date: February 16, 2006
I. STATEMENT
1. On November 22, 2005, Union Pacific Railroad Company (UPRR) 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). UPRR did not file its
list of witnesses and copies of its exhibits. This filing commenced this proceeding.
2. On December 12, 2005, UPRR filed an Amended Application, which was
substituted for the original Application.'
3. On December 28, 2005, the Commission issued its Notice of Application Filed
and Notice of Hearing (Notice). In that Notice the Commission established, inter alia, an
intervention period and a procedural schedule.
' Reference to Application in this Order is to the Amended and substituted Application.
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Before the Public Utilities Commission of the State of Colorado
Decision No. R06-0142-I DOCKET NO.05A-SOOR
4. By Decision No. C06-0107, the Commission deemed the Application complete
and referred the docket to an Administrative Law Judge for hearing. The case is assigned to the
undersigned.
5. The Board of County Commissioners of Delta County and the Colorado
Department of Transportation each filed a Notice of Intervention. Each is represented by
counsel.
6. On January 24, 2006, the City and County of Denver (Denver) filed a Petition to
Intervene (Petition). The response period has expired, and no party filed a response to the
Petition. In its filing Denver states that almost 60 of the yield or stop signs which UPRR
proposes to install are located within Denver and that, if these signs are installed, they may affect
vehicular traffic flow at some or all of the affected railroad crossings. Denver has demonstrated
that it is entitled to intervention by permission because Denver "has a substantial interest in the
subject matter of' this proceeding. Rule 4 Code of Colorado Regulations (CCR) 723-1-64(b).
Absence of response to the Petition shows that granting the Petition will not prejudice any party.
The Petition will be granted, and Denver will be permitted to intervene in this docket. Denver is
represented by counsel.
7. On January 24, 2006, the Board of County Commissioners of Weld County
(Weld) filed a letter with the Commission. The letter identifies at least two issues of concern to
Weld but does not indicate whether Weld wishes to intervene as a party. This needs to be
clarified. Consequently, Weld will be ordered to file, on or before March 3, 2006, either a
petition for leave to intervene' or a statement that it does not wish to intervene in this matter. If
2 If Weld decides to file a petition for leave to intervene,the petition must comport with the requirements
of Rule 4 CCR 723-1-64(b). In addition, if it wishes to intervene, Weld must be represented by counsel in this
proceeding. Rule 4 CCR 723-1-21(a);Decisions No. C04-1119 and No.C04-0884.
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Before the Public Utilities Commission of the State of Colorado
Decision No.R06-0142-I DOCKET NO. 05A-S00R
Weld does not wish to intervene, its January 24, 2006 letter will be considered a letter from the
public and will be placed in the Commission's file in this matter for consideration as appropriate.
8. The intervention period has expired. Review of the Commission file in this
matter reveals that no person, other than the persons identified above, filed an intervention of
right or a petition for leave to intervene.
9. The Commission established a procedural schedule in this matter. For the
convenience of the parties, the procedural schedule is set out here: (a) on or before
February 21, 2006, UPRR will file its list of witnesses and copies of it exhibits;' (b) on or
before April 27,2006, each intervenor will file its list of witnesses and copies of its exhibits; and
(c) hearing in this matter will be held on May 11, 2006. Rule 4 CCR 723-1-77 governs
discovery in this proceeding.
10. The list of witnesses shall contain at least the following information for each
witness who is expected to testify: name, address, and telephone number; 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.
11. The parties are advised that they must file copies of their exhibits and that a list of
exhibits will not suffice. In addition, the parties are advised that they will be responsible for
providing at the hearing a clean and legible copy of each exhibit which they seek to introduce
into evidence.
12. Rule 4 CCR 723-1-22(f) contains the requirements for the number of copies to be
filed.
UPRR shall serve its list of witnesses and copies of its exhibits on Weld.
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Before the Public Utilities Commission of the State of Colorado
Decision No. R06-0142-I DOCKET NO.05A-S00R
II. ORDER
A. It Is Ordered That:
1. The Petition to Intervene filed by the City and County of Denver is granted.
2. The City and County of Denver is permitted to intervene.
3. On or before March 3, 2006, Board of County Commissioners of Weld County
shall file either a petition for leave to intervene or a statement that it does not wish to intervene
in this matter, as discussed in¶I.7, above.
4. The parties shall make the filings and follow the procedures as set out in this
Order.
5. This Order is effective immediately.
(S E A L) THE PUBLIC UTILITIES COMMISSION
of COLON OF THE STATE OF COLORADO
ca
MANA L. JENNINGS-FADER
;4" Administrative Law Judge
ATTEST: A TRUE COPY
err-liar--
Doug Dean,
Director
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