HomeMy WebLinkAbout20063069.tiff Decision No. C06-1236
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 06A-380R
IN THE MATTER OF THE APPLICATION TO WIDEN THE EXISTING RAILROAD
CROSSING AND RELOCATE EXISTING RAILROAD WARNING SYSTEM AT NORTH
11TH AVENUE IN GREELEY, COLORADO.
ORDER GRANTING APPLICATION
Mailed Date: October 23, 2006
Adopted Date: October 11, 2006
I. BY THE COMMISSION
A. Statement
1. This matter comes before the Commission for consideration of an application
filed on July 11, 2006, by the City of Greeley (Greeley) requesting authority to widen and
realign, relocate the existing cantilever signals, and install a new concrete crossing surface at the
crossing of North 11`h Avenue and the Great Western Railroad Company, National Inventory No.
245130A.
2. We granted the application with respect to the construction of the crossing
improvements in Decision No. C06-1003, on August 28, 2006. The issue regarding the project
cost apportionment was assigned to an administrative law judge(ALJ).
B. Discussion
3. Greeley estimates that total cost of the project at §145,164. Of this cost, Greeley
estimates $85,334 for signal relocation, $31,000 for the crossing surface, and $28,830 for the
widening construction and improvements.
�D�l -Abi l f3A 1 2006-3069
Before the Public Utilities Commission of the State of Colorado
Decision No.C06-1236 DOCKET NO.06A-380R
4. Although Greeley stated it would pay 100 percent of the costs, we had some
concern that the language of§ 40-4-106(2)(b), C.R.S., may conflict with Greeley's willingness to
pay for the entire cost of the project. Therefore, we referred the determination of the cost
allocation of installing the signals and safety devices to an AU.
5. Subsequently, in Decision No. C06-1165 (Decision), we construed that the statute
required railroads to pay a minimum of 20 percent of the costs only where there is a dispute as to
cost allocation; not in cases like this, wherein Greeley is a home rule city and agrees to pay for
the entire project.
6. Because of our reasoning in the Decision, we will grant Greeley's application and
allow Greeley to pay 100%of the costs.
II. ORDER
A. The Commission Orders That:
1. The application filed by the City of Greeley (Greeley) is granted with respect to
cost allocation.
2. Greeley is authorized to pay 100 percent of the cost.
3. Greeley is required to inform the Commission in writing that the crossing changes
are complete and operational within ten days after completion.
4. The 20-day time period provided by § 40-6-114(1), C.R.S., to file an application
for rehearing, reargument, or reconsideration shall begin on the first day after the effective date
of this Order.
5. This Order is effective upon its Mailed Date.
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Before the Public Utilities Commission of the State of Colorado
Decision No. C06-1236 DOCKET NO. 06A-3808
B. ADOPTED IN COMMISSIONERS'WEEKLY MEETING
October 11, 2006.
(S E A L) THE PUBLIC UTILITIES COMMISSION
pF COlp� OF THE STATE OF COLORADO
GREGORY E. SOPKIN
g
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t5 POLLY PAGE
ATTEST: A TRUE COPY
(i / v CARL MILLER
Commissioners
Doug Dean,
Director
G:\Commission draft orders\06A-380R_10-11-06.doc:SP
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