HomeMy WebLinkAbout20051123.tiff (..t tom.
Decision No. R04-1108-I
BEFORE THE PUBLIC UTILITIES COMMISSION OF THEIJTATE, OF COLORADO
DOCKET NO. 04A-205R
IN THE MATTER OF THE APPLICATION OF THE TOWN OF WINDSOR, COLORADO, A
COLORADO HOME RULE MUNICIPALITY, FOR AN ORDER AUTHORIZING THE
CONSTRUCTION OF A ROADWAY CROSSING OVER THE GREAT WESTERN RAILWAY
TRACK AT THE INTERSECTION OF CROSSROADS BOULEVARD AND STATE HIGHWAY
257 IN THE TOWN OF WINDSOR, COUNTY OF WELD, STATE OF COLORADO
MOTION FOR EXTENSION OF TIME TO RESPOND TO INTERIM ORDER
OF ADMINISTRATIVE LAW JUDGE ANTHONY M. MARQUEZ,
DATED MARCH 21, 2005
The applicant,the Town of Windsor,Colorado("Windsor"),hereby requests an extension of
time to and including April 20,2005,within which to respond to the Interim Order of Administrative
Law Judge Anthony M. Marquez Requiring Filing in Support of Motion for Approval of
Application. In support of the within motion, Windsor states and alleges as follows:
1. Windsor's application was filed with the Public Utilities Commission on April28,2004,and
supplemented on May 21, 2004.
2. On March 9,2005,Windsor filed its Motion for Approval of Application,attaching thereto a
Supplemental Stipulation entered into by all parties,together with certain other agreements
entered into by the parties, relevant to Windsor's application.
3. On March 21,2005, Judge Marquez issued an order requiring an additional filing on behalf
of the Town in support of its Motion for Approval of Application.
Page 1 of 4
npenotew �/r75o vS 2005-1123
O -OY--OS- Cr: Co PoD
4. Windsor acknowledges that as a result of unforeseen circumstances arising after the date of
the filing of the application,the nature of the application changed to incorporate not only the
approval of a new at-grade crossing at the intersection of Crossroads Boulevard and the Great
Western Railway,but also the abandonment of an existing crossing at Weld County Road 64
and State Highway 257,and the conversion of a crossing at Weld County Road 62 and State
Highway 257 from a public crossing to a private crossing.
5. After consultation with Great Western Railway and the other interested parties to this
application, it is Windsor's intention to separate the original application from applications
subsequently to be filed with the Commission with regard to Weld County Road 64 and State
Highway 257, and Weld County Road 62 and State Highway 257. After proper notice,
Windsor, Great Western Railway, and the other interested parties will request the
Commission to approve all three applications,the approval of each being contingent on the
approval of the remaining two.
6. The undersigned will be absent from Colorado from March 28 through April 4,2005,making
it difficult for Windsor to comply with the seven-day response required by Judge Marquez's
order of March 21, 2005. Additionally, reframing the applications with regard to Weld
County Road 64 and State Highway 257, and Weld County Road 62 and State Highway 257,
will require the consent and cooperation of Great Western Railway and the other interested
parties,which will take more time than the seven days afforded in Judge Marquez's order of
March 21, 2005.
Page 2 of 4
7. The undersigned states that the contents of the within motion have been reviewed by counsel
for Great Western and the other interested parties in this matter and that they have no
objection to the relief requested herein.
WHEREFORE, for the reasons aforesaid, Windsor requests an extension of time to and
including April 20, 2005,to respond to the Interim Order of Administrative Law Judge Anthony M.
Marquez, dated March 21, 2005.
ItDATED this day of March, 2005.
APPLICANT:
TOWN F SO C ORADO
a
0
P. O. Box 2283
Fort Collins, CO 80522
Telephone: 970-493-8622
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion for Extension of Time to Respond to
Interim Order of Administrative Law Judge Anthony M.Marquez,dated March 21,2005,regarding
the Colorado Public Utilities Commission matter with Docket No. 04A-205R was properly mailed
with postage prepaid this ri Lday of March, 2005, to each of the following:
Town of Windsor Trollco, Inc.
Board of Trustees Martin Lind,President
301 Walnut Street 8200 Eastman Park Drive
Windsor, CO 80550 Windsor, CO 80550
Page 3 of 4
Town of Windsor Town Board
Roderick L.Wensing, Town Manager Town of Windsor
301 Walnut Street 301 Walnut Street
Windsor, CO 80550 Windsor, CO 80550
Eastman Kodak Company Colorado Depar tu,ent O f Transportation
Kodak Colorado Division Right-of-Way Office
9952 Eastman Park Drive 4210 East Arkansas Avenue
Windsor, CO 80550 Denver, CO 80222
Great Western Railway County of Weld
Company of Colorado,LLC Rob Masden, County Commission Chair
Carl Hollowell P.O. Box 758
P.O. Box 737 Greeley, CO 80632
Loveland, CO 80539
Mr. Hayne Hutchinson County of Weld
Railroad Coordinator Bruce Thomas Baker, County Attorney
4201 East Arkansas, Empire Park P.O. Box 758
Denver, CO 80222 Greeley, CO 80632
Ms. Karen Howard Colorado Public Utilities Commission
Deputy Attorney General Bruce Smith, Director
Regulatory Law Section Logan Tower, Office Level 2
1525 Sherman Street, 5th Floor 1580 Logan Street
Denver, CO 80203 Denver, CO 80203
OmniTRAX,Inc. Colorado Public Utilities Commission
Attention: General Counsel Ray Jantzen, Railway Section
252 Clayton Street, Suite 400 Logan Tower, Office Level 2
Denver, CO 80206 1580 Logan Street
Denver, CO 80203
Town of Windsor Town of Windsor
Edward Starck, Mayor Dennis Wagner, Director of Engineering
301 Walnut Street 301 Walnut Street
Windsor, CO 80550 Windsor, CO 80550
Daniel K. Calisher, Esq. OmniTRAX, Inc.
Foster, Graham,Huttner& Calisher, LLP Chris Dodge,V.P. of Engineering
1226 Bannock Street 252 Clayton Street, Suite 400
Denver, CO 80204 Denver, CO 80206
Mr. John J. Roberts
Assistant Attorney General
Business and Licensing Section
State of Colorado Department of Law 1525 Sherman Street, 5th Floor
Denver, Colorado 80203
Page 4 of 4
Hello