HomeMy WebLinkAbout20043434.tiff Decision No. R04-1108-I
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE 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 TO VACATE AND RESET HEARING
The applicant,the Town of Windsor,Colorado("Windsor")hereby requests that the hearing
in the within matter now set for December 15, 2004, be vacated and reset in accordance with this
Motion. As grounds therefor, Applicant states and alleges as follows:
1. Windsor's application was filed with the Public Utilities Commission on April 28,2004. On
May 21, 2004, Windsor filed a supplement to the application.
2. On July 2,2004, OmniTRAX,Inc. ("OmniTRAX")and Great Western Railway of Colorado,
LLC ("Great Western") filed their Entry of Appearance and Notice of Intervention in this
matter.
3. On September 20, 2004, Judge Isley entered an Interim Order finding that Windsor's
application was deemed complete as of September 20, 2004, setting a hearing on the
application for December 15, 2004, and establishing a procedural schedule for filings to
occur prior to the hearing.
� , Page 1 of 3
(10.n 'U,v,rr///y .V S
/A-O.-CC( `4 2004-3434
(1(1 7,01(2
4. Windsor, OmniTRAX, and Great Western have been engaged in discussions, the likely
outcome of which will be a stipulation to be presented to the Commission regarding
Windsor's application. Approval of a stipulation by the Commission would resolve all
issues in dispute among the parties with regard to this matter. Vacating the December 15
date will enable the parties to attempt to complete their negotiations and present the aforesaid
stipulation to the Commission.
5. Counsel for OmniTRAX and Great Western has authorized the undersigned counsel to recite
that OmniTRAX and Great Western have no objection to, and join in, the within Motion.
WHEREFORE, for the reasons aforesaid, Windsor requests that the hearing now set for
December 15, 2004, be vacated and reset for January 26, 2005, which date has been cleared with
Administrative Law Judge Dale E. Isley and counsel�pp for OmniTRAX and Great Western.
DATED at Windsor, Colorado, this .?M'Qday of November, 2004.
APPLICANT:
TOWN 7 OR, C ORADO
By
John P rey, Towp'Atto y
Page 2 of 3
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion to Vacate and Reset Hearing regarding
the Colorado Public Utilities Commission matter with Docket No. 04A-205R was properly mailed
with postage prepaid this 07Aaf day of November, 2004, to each of the following:
Eastman Kodak Company County of Weld
Kodak Colorado Division Bruce Thomas Baker, County Attorney
9952 Eastman Park Drive P. O. Box 758
Windsor, CO 80550 Greeley, CO 80632
Great Western Railway Company Colorado Public Utilities Commission
of Colorado, LLC Bruce Smith, Director
Carl Hollowell Logan Tower, Office Level 2
P. O. Box 737 1580 Logan Street
Loveland, CO 80539 Denver, CO 80203
Mr. Hayne Hutchinson Colorado Public Utilities Commission
Railroad Coordinator Ray Jantzen, Railway Section
4201 East Arkansas, Empire Park Logan Tower, Office Level 2
Denver, CO 80222 1580 Logan Street
Denver, CO 80203
Ms. Karen Howard
Deputy Attorney General John J. Roberts, Esq.
Regulatory Law Section_ Assistant Attorney General
1525 Sherman Street, 5 Floor Business and Licensing Section
Denver, CO 80203 State of Colorado Department of Law
1525 Sherman Street, 5` Floor
OmniTRAX, Inc. Denver, CO 80203
Attention: Bob Parker
Chief Operations Officer OmniTRAX, Inc.
252 Clayton Street, Suite 400 Chris Dodge, V.P. of Engineering
Denver, CO 80206 252 Clayton Street, Suite 400
Denver, CO 80206
Trolico, Inc.
Martin Lind,President
8200 Eastman Park Drive
Windsor, CO 80550
Colorado Department of Transportation
Right-of-Way Office
4210 East Arkansas Avenue
Denver, CO 80222
County of Weld
County Commission Chair
P. O. Box 758
Greeley, CO 80632
•
Page 3 of 3
Hello