HomeMy WebLinkAbout20060824.tiff Decision No. R06-0188-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; VACATING HEARING;
VACATING PROCEDURAL SCHEDULE; REQUIRING
UNION PACIFIC RAILROAD COMPANY TO MAKE
FILING; PROVIDING NOTICE OF WAIVER OF§40-6- `
109.5,C.R.S.;AND WAIVING RESPONSE TIME
Mailed Date: February 27, 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). The 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 cilia, a
procedural schedule.
Reference to Application in this Order is to the Amended and substituted Application.
&'r/7muN/Cif-7ro45 00' 04, 'W 2006-0824
Before the Public Utilities Commission of the State of Colorado
Decision No.R06.0188-I � DOCKET NO. 05A-S00R
4. The Board of County Commissioners of Delta County, the Colorado Department
of Transportation, and the City and County of Denver each intervened. The Board of County
Commissioners of Weld County may have intervened.'
5. By Decision No. C06-0107, the Commission deemed the Application complete.
On February 21, 2006, UPRR waived the provisions of § 40-6-109.5, C.R.S., as they apply to
this proceeding. Motion to Modify Procedural Schedule and Hearing Date at¶9.
6. The Commission established a procedural schedule in this matter. That
procedural schedule is: (a) on or before February 21, 2006, UPRR will file its list of witnesses
and copies of its 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.
7. On February 21, 2006, UPRR filed a Motion to Modify the Procedural Schedule
and Hearing Date (Motion). In that filing UPRR states that one of its primary witnesses is
unavailable on the scheduled hearing date. In addition, UPRR notes that this proceeding
involves 270 railroad-highway grade crossings located throughout Colorado. According to
UPRR, the magnitude of this proceeding has hindered UPRR's ability, despite due diligence, to
identify all of its witnesses or to collect its exhibits. Finally, as stated above, UPRR waives the
provisions of§ 40-6-109.5, C.R.S.
8. The Motion states good cause. Given the nature of the relief sought, no party will
be prejudiced by granting the Motion. The Motion will be granted, and the hearing date and
procedural schedule will be vacated.
2 See Decision No. R06-0142-I at¶7 (requiring filing from the Board of County Commissioners of Weld
County regarding its status in this proceeding).
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Before the Public Utilities Commission of the State of Colorado
Decision No. R06-0188-1 DOCKET NO. 05A-S00R
9. It is necessary to establish a new procedural schedule and a new hearing date. To
that end, UPRR will be ordered to file, on or before March 17, 2006,' a proposed procedural
schedule and proposed hearing date(s)' which are acceptable to all parties. The intervening
parties will be ordered to cooperate with UPRR to develop a procedural schedule and hearing
date(s). The procedural schedule shall include the following: (a) date by which UPRR will file
its list of witnesses and copies of its exhibits; (b) date by which each intervener will file its list of
witnesses and copies of its exhibits; (c) date by which each party will file its prehearing
motions;' (d) date by which the parties will file any stipulation reached;6 (e) hearing date(s); and
(0 date for presentation of oral or written post-hearing statements of position, if the parties wish
to make post-hearing statements of position.
10. In addition, if the provisions of Rule 4 Code of Colorado Regulations 723-1-77
are not sufficient for discovery in this proceeding, the March 24, 2006 filing should suggest
modifications to those provisions.
11. Finally, prior to filing the proposed procedural schedule and hearing date, UPRR
will be ordered to contact the AU (telephone: 303.894.2842; e-mail: mana.iennings-
fader@dora.state.co.us) to determine the ALJ's availability on the proposed hearing date(s).
12. In developing the proposed procedural schedule, the parties are advised to
remember that the list of witnesses must contain at least the following information for each
witness who is expected to testify: name, address, and telephone number of the identified
' This date is after the date on which the Board of County Commissioners of Weld County is to make its
filing regarding its status in this proceeding.
' It is possible that the hearing in this matter will take more than one day to complete.
' This date should be at least five business days before the first day of hearing.
6 This date should be at least three business days before the first day of hearing.
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Before the Public Utilities Commission of the State of Colorado
Decision No.R06-0188-I � DOCKET NO.05A-SOOR
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.
13. If she is able to do so, the ALJ will adopt the proposed procedural schedule as
filed. Otherwise, she will make changes to the proposed procedural schedule.
14. In view of the nature of the Motion and in light of the waiver of § 40-6-109.5,
C.R.S., waiver of response time is appropriate. No party will be prejudiced by waiving response
time. Response time to the Motion will be waived.
II. ORDER
A. It Is Ordered That:
1. Union Pacific Railroad Company (UPRR) has waived the provisions of § 40-6-
109.5, C.R.S., as they apply in this proceeding.
2. The Motion to Modify the Procedural Schedule and Hearing Date (Motion) filed
by UPRR is granted.
3. The hearing scheduled in this matter for May 11, 2006 is vacated.
4. The procedural schedule in this matter established in the Notice of Application
Filed and Notice of Hearing, dated December 28, 2005, is vacated.
5. On or before March 17, 2006, UPRR shall make the filing discussed in¶¶ I.9 and
10, above.
6. The intervening parties shall cooperate with UPRR to develop the filing discussed
in¶¶ I.9 and 10, above.
7. Prior to making its filing on March 24, 2006, UPRR shall contact the
Administrative Law Judge as set out in¶I.11, above.
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Before the Public Utilities Commission of the State of Colorado
Decision No.R06-0188-f DOCKET NO. 05A-500R
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8. Response time to the Motion is waived.
9. This Order is effective immediately.
(S E A L) THE PUBLIC UTILITIES COMMISSION
of COLOR OF THE STATE OF COLORADO
4i
IF
ZQ MANA L. JENNINGS-FADER
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Administrative Law Judge
4.
ATTEST: A TRUE COPY
Doug Dean,
Director
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