HomeMy WebLinkAbout20061764.tiff Decision No. R06-0708-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
GRANTING MOTION AND REQUEST,
DISMISSING INTERVENTIONS,
ORDERING FILINGS,AND WAIVING RESPONSE TIME
Mailed Date: June 15, 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.
en'!memornaks ; G , ,T' 2006-1764
060-6,76?-04'
Before the Public Utilities Commission of the State of Colorado
Decision No.R06-0708-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, 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. Pursuant to the procedural schedule, each intervenor was to file, on or before
June 5, 2006, its list of witnesses and copies of its exhibits. Decision No. R06-0264-I. Review
of the Commission's file in this matter reveals that, as of the date of this Order, no intervenor has
filed a list of witnesses and copies of its exhibits. In addition, as of the date of this Order, no
intervenor has filed a motion to enlarge the time within which to file its list of witnesses and
copies of its exhibits.
6. On April 13, 2006, Delta County filed a statement with the Commission
"inform[ing] all parties that Delta County has no objection to the Second Amendment to the
Application filed by Union Pacific Railroad Company and will not be participating any further in
this litigation." Letter from Bradley K. Kolman, Esquire, dated April 13, 2006. The ALJ will
treat this letter as a motion for leave to withdraw intervention made pursuant to Rule 4 Code of
Colorado Regulations (CCR) 723-1-1400. The time for responding to the Delta County motion
for leave to withdraw intervention has expired. The motion is unopposed. No party will be
prejudiced by the granting of the motion. The motion will be granted, and the intervention filed
by Delta County will be dismissed.
7. On June 14, 2006, CDOT filed a Withdrawal of Intervention. The AU will treat
this filing as a motion for leave to withdraw made pursuant to Rule 4 CCR 723-1-1400. The
2
Before the Public Utilities Commission of the State of Colorado
Decision No.R06-07084 DOCKET NO.05A-500R
filing states good cause, and no party will be prejudiced by granting CDOT's request to withdraw
its intervention. The request by CDOT for leave to withdraw its intervention will be granted, and
the intervention filed by CDOT will be dismissed.
8. The two remaining intervenors are Weld County and Denver. Their intentions
with respect to continuing to participate in this proceeding are unclear.
9. As to Weld County, its March 2, 2006 intervention stated: "Weld County is
willing to withdraw this intervention if the Applicant will restrictively amend its application to
request the installation of yield signs below the crossbucks at the locations listed [in the
intervention] instead of stop signs." Intervention at ¶ 2. The Second Amendment to the
Application appears to meet the condition stated in Weld County's intervention in that the Second
Amended Application seeks authorization to place yield signs on all UPRR crossings which at
present have only crossbucks.2 In light of this development, and in view of Weld County's
failure to file its list of witnesses and copies of its exhibits on June 5, 2006, the AU will order
Weld County to make, on or before June 28, 2006, a filing which informs the Commission and
the parties whether Weld County intends to continue its participation in this proceeding. If Weld
County determines that it will not continue to participate, then Weld County will be ordered to
file, on or before June 28, 2006, a motion to withdraw its intervention. If Weld County
determines that it will continue to participate, then Weld County will be ordered to file, on or
before June 28, 2006, both a motion for leave to file its list of witnesses and copies of its
exhibits out of time and its list of witnesses and copies of its exhibits.
2 As noted above, the Second Amended Application has been substituted for the original Application and
for the Amended Application.
3
Before the Public Utilities Commission of the State of Colorado
Decision No. R06-0708-I DOCKET NO.05A-S00R
10. As to Denver, its failure to file its list of witnesses and copies of its exhibits on
June 5, 2006 leaves the ALJ unsure about Denver's continued participation in this proceeding.
To address this, the ALJ will order Denver to make, on or before June 28, 2006, a filing which
informs the Commission and the parties whether Denver intends to continue its participation in
this proceeding. If Denver determines that it will not continue to participate, then Denver will be
ordered to file, on or before June 28, 2006, a motion to withdraw its intervention. If Denver
determines that it will continue to participate, then Denver will be ordered to file, on or before
June 28, 2006, both a motion for leave to file its list of witnesses and copies of its exhibits out of
time and its list of witnesses and copies of its exhibits.
11. Given the nature of the request and the lack of prejudice to any party, the time for
responding to CDOT's Withdrawal of Intervention will be waived.
II. ORDER
A. It Is Ordered That:
1. The request by the Board of County Commissioners of Delta County to withdraw
the intervention in this proceeding is granted.
2. The intervention filed by the Board of County Commissioners of Delta County is
dismissed.
3. The request by the Colorado Department of Transportation to withdraw its
intervention in this proceeding is granted.
4. The intervention filed by the Colorado Department of Transportation is dismissed.
5. On or before June 28, 2006, the Board of County Commissioners of Weld County
shall comply with¶I.9, above.
4
Before the Public Utilities Commission of the State of Colorado
Decision No. R06-0708-I DOCKET NO.05A-5008
6. On or before June 28, 2006, the City and County of Denver shall comply with
¶ I.10, above.
7. Response time to the Withdrawal of Intervention filed by the Colorado
Department of Transportation is waived.
8. This Order is effective immediately.
(S E A L) THE PUBLIC UTILITIES COMMISSION
of CO
4'of THE STATE OF COLORADO
MANA L. JENNINGS-FADER
AGE f Administrative Law Judge
t�\ettf4i '/
ATTEST: A TRUE COPY
Doug Dean,
Director
G:\ORDER\R06-0708-1_05A-500R.doc:SRS
5
Hello