HomeMy WebLinkAbout20061157.tiff Decision No. R06-0334-I
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 05A-500R
N 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
GRANTING MOTION,PERMITTING SECOND
AMENDMENT TO APPLICATION,AND
PROVIDING REQUESTED GUIDANCE
Mailed Date: April 7, 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.
Except as the context indicates otherwise, reference in this Order to Application is to the Amended and
substituted Application.
(1C ill a CA j) J 2006-1157
Before the Public Utilities Commission of the State of Colorado
Decision No.R06.0334-I DOCKET NO. 05A-S00R
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 and current procedural schedule. Hearing in this matter is scheduled for July 20
and 21, 2006.
5. On March 23, 2006, Applicant filed a Motion to Substitute Second Amended
Application for Original Application Herein [Motion] and Request for Guidance on Notice
[Request] 2 Appended to the Motion are: (a) UPRR's Second Amended Application; (b) an
exhibit listing the crossings at issue in this proceeding; and (c) the affidavit of Ms. Susan K.
Grabler, Manager of Industrial and Public Projects for Applicant.
6. In the Motion, UPRR states that the Application requested that the following
authorizations from the Commission: permission to place yield signs at some crossings specified
in the Application and permission to place stop signs at the other crossings specified in the
Application. According to UPRR, the Second Amended Application seeks authorization to place
yield signs at all crossings specified in the Application, thus withdrawing the request to post stop
signs at some crossings. In addition, according to the Motion, the Second Amended Application
does not include crossings included in the Application because the now-omitted crossings are the
subject of a pending sale. For these reasons, UPRR seeks permission to substitute the Second
Amended Application for the Application.
2 This is a single document.
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Before the Public Utilities Commission of the State of Colorado
Declaim, No. R06-0331-1 DOCKET NO. OSA-SOOR
7. In the Request, UPRR asks the Commission for guidance regarding whether
additional notice will be necessary if the Motion is granted.
8. All parties were served with the Motion and the Request. The time within which
to file a response to the Motion and the Request has expired. Review of the Commission file in
this matter reveals that no party filed a response. The Motion and the Request are unopposed.
9. Rule 4 Code of Colorado Regulations (CCR) 723-1-1309 governs amendment of
pleadings.' After the expiration of the intervention period (as is the case here), amendment of a
pleading requires leave of the Commission. Id. Because the Commission rule provides no
standard, the AU considered Colo.R.Civ.P. 15(a), which governs amendments of pleadings in
civil actions. That rule provides that "leave [to amend] shall be freely given when justice so
requires." This is the standard which the AU adopted for determining whether to grant the
Motion.
10. The Motion states good cause. In addition, based on the absence of response, the
AU finds that no party will be prejudiced by granting the Motion. Finally, the Motion seeks to
amend the Application so that the subject matter of, and the relief sought in, this proceeding are
accurately stated, thus focusing the attention of the intervenors and of the Commission on the
matters which are actually at issue. For these reasons, the AU finds that justice requires granting
leave to amend the Application. Accordingly, the Motion will be granted. The Second Amended
Application will be substituted for the original Application, as amended on December 12, 2005.
' Pleadings include,inter alia,an application filed in a docketed proceeding. Rule 4 CCR 723-1- 1004(t).
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Before the Public Utilities Commission of the State of Colorado
Decision No.R06-0334-I DOCKET NO. 05A-5008
11. Turning to the Request, Rule 4 CCR 723-1-1309(a)provides, in pertinent part:
Except in complaint proceedings, whenever a commencing party [here,
UPRR] amends ... a pleading, other than through a restrictive
amendment, it, or the Commission, as applicable, shall provide new notice
consistent with rule 1206.
Emphasis supplied. Applicant is advised to consider this rule and to make a determination
concerning additional notice.
12. The procedural schedule, the hearing dates, and the other requirements previously
ordered in this proceeding remain in effect.
II. ORDER
A. It Is Ordered That:
1. The Motion to Substitute Second Amended Application for Original Application
Herein filed by Union Pacific Railroad Company(UPRR) on March 23, 2006, is granted.
2. The Second Amended Application, which document is appended to the Motion to
Substitute Second Amended Application for Original Application, is substituted for the
Application filed on November 22, 2005, as amended on December 12, 2005.
3. The requested guidance concerning additional notice is provided as set out above.
4. The procedural schedule, the hearing dates, and the other requirements previously
ordered in this proceeding remain in effect.
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Before the Public Utilities Commission of the State of Colorado
Decision No. R06-0334-I DOCKET NO. 05A-S00R
5. This Order is effective immediately.
(S EA L) THE PUBLIC UTILITIES COMMISSION
Of COxO OF THE STATE OF COLORADO
y7 ' E MANA L. JENNINGS-FADER
1. • Administrative Law Judge
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ATTEST: A TRUE COPY
£7
Doug Dean,
Director
G:\ORDE R\500 R.doc:SRS
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