HomeMy WebLinkAbout20061924.tiff Decision No. R06-0758-I
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 05A-500R
IN THE MATTER 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
DISMISSING INTERVENTIONS,VACATING
HEARING DATES AND PROCEDURAL SCHEDULE,
REQUIRING APPLICANT TO MAKE FILING,
AND WAIVING RESPONSE TIME
Mailed Date: June 29, 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 and then a
Second Amended Application, which were 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(Delta County), the Colorado Department
of Transportation (CDOT), the City and County of Denver (Denver), and the Board of County
Commissioners of Weld County(Weld County) each intervened.
Except as the context indicates otherwise, reference in this Order to Application is to the Second
Amended Application.
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Before the Public Utilities Commission of the State of Colorado
Decision No.R0ti-0758-I DOCKET NO.05A-500R
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. By Decision No. R06-0264-I, the Administrative Law Judge (ALJ) established
hearing dates, a procedural schedule, and certain filing requirements. This procedural schedule
was modified by Decision No. R06-0460-I. Hearing is scheduled for July 20 and 21, 2006.
5. On motion, the intervention of Delta County was dismissed. Decision No. R06-
0708-I. On motion, the intervention of CDOT was dismissed. Id.
6. On June 20, 2006, Weld County filed a Withdrawal. By this filing, Weld County
informed the Commission that Weld County wishes to withdraw its intervention in this
proceeding. The Withdrawal states good cause; granting the Withdrawal will not prejudice any
party; and the Withdrawal will be granted. The intervention of Weld County will be dismissed.
7. On June 23, 2006, Denver filed a Motion to Withdraw Intervention (Motion). By
this filing, Denver seeks to withdraw its intervention in this proceeding. The Motion states good
cause; granting the Motion will not prejudice any party; and the Motion will be granted. The
intervention of Denver will be dismissed.
8. Dismissal of the interventions leaves the Application uncontested and unopposed.
Pursuant to § 40-6-109(5), C.R.S., and Rule 4 Code of Colorado Regulations 723-1-1403, the
uncontested Application may be considered under the modified procedure and without a formal
hearing. As a result, this Order will vacate the hearing scheduled for July 20 and 21, 2006 and
will vacate the remainder of the procedural schedule in this matter.
9. The Application filed in this matter is not verified. Before the ALJ may consider
the Application under the modified procedure and without a hearing, the Application must be
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Before the Public Utilities Commission of the State of Colorado
Decision No. R06-0758-I DOCKET NO.05A-S00R
verified. Therefore, UPRR will be ordered to file, on or before July 14, 2006, a verification of
the Application. If the verification is not filed, a hearing date will be scheduled.
10. In view of the nature of the Withdrawal and of the Motion, and given the absence
of prejudice to any party, response time to the Withdrawal and response time to the Motion will
be waived.
II. ORDER
A. It Is Ordered That:
1. The Withdrawal filed by the Board of County Commissioners of Weld County is
granted.
2. The intervention of the Board of County Commissioners of Weld County is
dismissed.
3. The Motion to Withdraw Intervention filed by the City and County of Denver is
granted.
4. The intervention of the City and County of Denver is dismissed.
5. The hearing scheduled in this matter for July 20 and 21,2006 is vacated.
6. The remainder of the procedural schedule established in Decision No. R06-0264-I
is vacated.
7. On or before July 14, 2006, Union Pacific Railroad Company shall make the
filing described in¶I.9, above.
8. Response time to the Withdrawal filed by the Board of County Commissioners of
Weld County is waived.
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Before the Public Utilities Commission of the State of Colorado
Decision No.R06-0758-I DOCKET NO.05A-S00R
9. Response time to the Motion to Withdraw Intervention filed by the City and
County of Denver is waived.
10. This Order is effective immediately.
(S E A L) THE PUBLIC UTILITIES COMMISSION
— — - OF THE STATE OF COLORADO
of COLD \
1 MANA L. JENNINGS-FADER
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Administrative Law Judge
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ATTEST: A TRUE COPY
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Doug Dean,
Director
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