HomeMy WebLinkAbout20060555.tiff Decision No. C06-0107
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.
COMMISSION ORDER DEEMING APPLICATION
COMPLETE AND REFERRING IT TO AN
ADMINISTRATIVE LAW JUDGE
Mailed Date: February 8, 2006
Adopted Date: February 8, 2006
I. BY THE COMMISSION:
A. Statement
1. This matter comes before the Public Utilities Commission (Commission) for
consideration of an application requesting authority to install yield or stop signs below the
crossbucks at all 270 Union Pacific Railroad Company (UPRR) public crossings in the State of
Colorado on November 22, 2005.
2. A deficiency letter regarding the application was sent to UPRR on November 23,
2005 stating that insufficient information had been provided regarding the names of public
utilities, municipalities, corporations and adjacent property owners, as required by 4 Code of
Colorado Regulations (CCR) 723-1-51(b)(6), and that notice would not be sent until the required
information was received, as well as other application deficiencies.
3. On December 12, 2005, UPRR filed an amended application and request for
alternative form of notice along with a motion to substitute the amended application for the
original application filled in this matter.
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Before the Public Utilities Commission of the State of Colorado
Decision No. C06-0107 DOCKET NO.05A-500R
4. By Commission Decision No. C05-1489, we granted UPRR's request for a waiver
of rule 51(b)(6) and an alternate form of notice and ordered UPRR to publish the notice attached
to our decision in the Denver Post by December 28, 2005. By our order, we also required
official Commission notice to be provided to each municipality, county and state roadway
authority affected by the application.
5. The Commission gave notice of this application to all municipal, county and state
roadway authorities affected by the application in accordance with § 40-6-108(2), C.R.S. The
Notice was mailed December 28, 2005.
6. On January 5, 2006, UPRR filed proof of publication of the ordered notice in the
December 25, 2005 edition of the Denver Post.
7. UPRR requests the Commission waive rules 51(b)(4) requiring a map showing
location and other details of each crossing, 51(b)(5) requiring a profile map of each crossing
showing approach grade lines, and 51(c)(2) requiring the number and speed of trains and the
number and speed of vehicles at each crossing. UPRR states that because of the unique nature of
this application, "construction" at each crossing is minimal and non-invasive with no physical
changes except for the mounting of signs, and to create such survey maps for each crossing
would be overly expensive considering the minimal nature of each crossing modification.
8. We agree with UPRR that providing the information required by rules 51(b)(4),
(b)(5), and (c)(2) would be burdensome to UPRR given the unique nature of this application. We
will grant these waivers.
9. On January 13, 2006, the Board of County Commissioners of Delta County(Delta
County) filed an Entry of Appearance and Notice of Intervention. Delta County does not oppose
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Before the Public Utilities Commission of the State of Colorado
Decision No. C06-0107 DOCKET NO. 05A-500R
or contest the granting of this application, but rather indicates that it wishes to proceed in any
hearing in this matter.
10. On January 25, 2006, the City and County of Denver, Colorado (Denver) filed a
Petition to Intervene. Denver has a number of concerns with this application, stating that the
request is premature, the request has not provided sufficient information for Denver to determine
how the proposal will affect vehicular traffic, and the request has not provided sufficient
information regarding how the proposal will comply with the Denver Revised Municipal Code
regarding the placement of traffic signs. Denver requests to participate fully in this matter.
11. On January 27, 2006, the Weld County Board of County Commissioners (Weld
County) provided a letter requesting changes be made to the proposed location of stop and yield
signs proposed at specific crossings in the application. Weld County does not specifically
request to be included in any hearing before the Commission on this matter.
12. On January 27, 2006, the Colorado Department of Transportation (CDOT) filed
an Entry of Appearance and Notice of Intervention. CDOT opposes the granting of this
application because of concerns that the installation of yield or stop signs below crossbucks at
certain intersections with state highways and those which run parallel to state highways may
adversely affect traffic flow and concerns that the placement of yield or stop signs may subject
CDOT to expenditure of monies in order to comply with the many requirements of the Manual
on Uniform Traffic Control Devices. CDOT states it may participate in any hearing held in this
matter if it appears that traffic flow on a state highway will be adversely affected, if safety
becomes an issue or if other matters are raised by other intervenors.
13. The Commission has reviewed the record in this matter and deems that the
application is complete within the meaning of§ 40-6-109.5, C.R.S.
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Before the Public Utilities Commission of the State of Colorado
Decision No.C06-0107 DOCKET NO. 05A-500R
14. The Commission has jurisdiction in this matter under §§ 40-4-106(2)(a) & (3)(a),
C.R.S.
15. The Commission now refers this application to an administrative law judge for
determination of its merits, including disposition of motions for intervention, determination of
the proposed timeframes for improvements to the crossing resulting from the Greenway Business
Park Plan and the filing of a final contract between the parties for construction and maintenance
of the crossing.
II. ORDER
A. THE COMMISSION ORDERS THAT:
1. The request to waive Commission Rule 4 CCR 723-1-51(b)(4), (b)(5), and (c)(2)
is granted
2. This application is deemed complete within the meaning of§ 40-6-109.5, C.R.S.
3. Docket No. 05A-500R is set for hearing before an Administrative Law Judge of
the Colorado Public Utilities Commission on:
DATE: May 11, 2006
TIME: 9:00 A.M.
PLACE: Commission Hearing Room
Office Level 2 (OL2)
1580 Logan Street
Denver, Colorado
4. The assigned administrative law judge shall establish a procedural schedule for
the filing of exhibit and witness lists and any pre-filed testimony.
5. This Order is effective on its Mailed Date.
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• Before the Public Utilities Commission of the State of Colorado
Decision No. C06-0107 DOCKET NO. 0SA-S00R
B. ADOPTED IN COMMISSIONERS'WEEKLY MEETING
February 8, 2006
(S E A L) THE PUBLIC UTILITIES COMMISSION
it.pf C OF THE STATE OF COLORADO
O
i �) GREGORY E. SOPKIN
A
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6 POLLY PAGE
ATTEST: A TRUE COPY
eat�,�,. CARL MILLER
Doug Dean, Commissioners
Director
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