HomeMy WebLinkAbout20051583.tiff BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
Docket No. 05A-183R
IN THE MATTER OF THE APPLICATION OF THE TOWN OF WINDSOR, COLORADO,
FOR ORDERS AUTHORIZING THE ABANDONMENT OF AN AT-GRADE ROADWAY
CROSSING OVER THE GREAT WESTERN RAILWAY TRACK AT THE INTERSECTION
OF WELD COUNTY ROAD 64 AND COLORADO STATE HIGHWAY 257 IN THE TOWN
OF WINDSOR; THE RELOCATION OF THAT CROSSING TO THE INTERSECTION OF
CROSSROADS BOULEVARD AND COLORADO STATE HIGHWAY 257 IN THE TOWN
OF WINDSOR; THE CONSTRUCTION AND MAINTENANCE OF THE RELOCATED
CROSSING; AND CONVERSTION OF THE AT-GRADE ROADWAY CROSSING OVER
THE GREAT WESTERN RAILWAY TRACK AT THE INTERSECTION OF WELD
COUNTY ROAD 62 ANT) COLORADO STATE HIGHWAY 257 IN THE TOWN OF
WINDSOR, FROM A PUBLIC CROSSING TO A PRIVATE CROSSING WITH LIMITED
ACCESS
ENTRY OF APPEARANCE, NOTICE OF INTERVENTION,
AND REQUEST FOR APPROVAL OF APPLICATION
Daniel K. Calisher of the law firm Foster, Graham & Calisher, LLP, hereby enters
his appearance in the captioned matter on behalf of Intervenors OmniTRAX, Inc.
("OmniTRAX") and Great Western Railway of Colorado, LLC ("Great Western"), and requests
that all future notices, pleadings, materials, and other communications relating to this matter be
delivered to the undersigned at the address set forth below.
Additionally, OmniTRAX and Great Western, in support of their Notices of
Intervention, hereby state as follows:
Great Western has been named in this matter as an interested party by the Town
of Windsor ("Applicant"), as evidenced by the caption and the substance of the instant
Application ("Application"). Consequently, Great Western is an Intervenor By Right pursuant to
Rule 64(a) of the Commission's Rules Of Practice And Procedure, 4 Code of Colorado
Regulations 723-1 et seq. Additionally, Great Western is the railroad holding an ownership or
other legally protected interest in the railroad tracks that are the subject of the Application.
Should the Application be granted, Great Western may be responsible for continuing
maintenance of the crossing. See C.R.S. § 40-4-106(b). Accordingly, Great Western has a
legally protected right in the subject matter of the Application and is an Intervenor By Right
under Colorado law and applicable Commission procedures.
denznu,v/C477 2005-1583
O5—a5—OS— f . c14 AI?)
OmniTRAX is also an Intervenor By Right pursuant to Rule 64(a). OmniTRAX
is majority owner of OmniTRAX Holdings, LLC, which in turn is the majority owner of Great
Western. Because of its ownership interest in Great Western, and due to the management
function it performs for Great Western, OmniTRAX is properly an Intervenor By Right in this
matter for the same reasons stated above with respect to Great Western. In an abundance of
caution, to the extent this intervention is challenged, OmniTRAX and Great Western reserve the
right to submit additional pleadings and/or evidence in support of their right to intervene herein
or, if necessary, to request permissive intervention pursuant to Rule 64(b).
OmniTRAX and Great Western have reviewed the facts and circumstances
underlying the Application, as well as the previous application submitted by the Applicant
relating, at least in part, to the proposed railway crossing at issue here, identified as PUC Docket
No. 04A-205R ("Previous Application"). OmniTRAX and Great Western do not necessarily
agree with portions of the Previous Application and Application and, as a general matter, remain
committed to upholding the well established and sound public policy, both state and federal,
against new at-grade railroad crossings.
Nonetheless, under the specific facts and circumstances at issue in this discrete
matter, and following extensive negotiation and cooperation by interested parties, OmniTRAX
and Great Western approve of the result and compromise ultimately reached between the subject
parties, as reflected in the exhibits attached to the Application. As a point of clarification,
OmniTRAX and Great Western note that the passage of time requires one or more of the
deadlines (set forth in the exhibits to the Application) be extended, including but not limited to
the planned commencement date of the Scope of Services (referenced in the Contract For
Services, attached to the Application as Exhibit E). Although such logistical issues are likely
resolvable, OmniTRAX and Great Western each reserve the right, to the extent necessary, to file
subsequent pleadings and/or other papers herein to clarify timing, logistical, or other issues.
Accordingly, in light of and subject to the foregoing, OmniTRAX and Great
Western, proceeding jointly, hereby request that the Application be expeditiously approved.
L`
Dated this !1/ day of May, 2005.
Respectfully submitted,
Foster, Graham & Calisher, LLP
j
Daniel K. Calisher, #28196
1226 Bannock Street
Denver, Colorado 80204
Telephone: (303) 333-9810
Facsimile: (303) 333-9786
E-mail: calisherWostergraham.com
ATTORNEYS FOR INTERVENORS
2
CERTIFICATE OF SERVICE
I hereby certify that I have served the foregoing ENTRY OF APPEARANCE,
NOTICE OF INTERVENTION, AND REQUEST FOR APPROVAL OF APPLICATION
by placing a tnteand correct copy of the same in the United States mail, first-class, postage
prepaid, on this f ay of May, 2005, to:
Town of Windsor Trollco, Inc.
Board of Trustees Martin Lind,President
301 Walnut Street 8200 Eastman Park Drive
Windsor, CO 80550 Windsor, CO 80550
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 Department Of 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, 5`°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
Town of Windsor OmniTRAX, Inc.
John P. Frey,Town Attorney Chris Dodge,V.P. of Engineering
301 Walnut Street 252 Clayton Street, Suite 400
Windsor, CO 80550 Denver, CO 80206
Mr.John J. Roberts Poudre Tech Metropolitan District
Assistant Attorney General Attention: Martin Lind
Business and Licensing Section 1625 Pelican Lakes Point
State of Colorado Department of Law Suite 201
1525 Sherman Street, 5th Floor Windsor, CO 80550
Denver,Colorado 80203
James Anglin James Abbott
Janetta Anglin Grace Abbott
8995 Weld County Road 62 8944 Weld County Road 62
Windsor,CO 80550 Windsor, CO 80550
Laura Magui e
4
Hello