HomeMy WebLinkAbout20041931 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.
ENTRY OF APPEARANCE AND NOTICE OF INTERVENTION
Daniel K. Calisher of the law firm Foster, Graham, Huttner & 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
Applicant, as evidenced by the caption and the substance of the 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.
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.
llnlm n' //honJJ
5911591 ILWARN 07/21049.15 AM
2004-1931
OmniTRAX and Great Western, proceeding jointly, continue to oppose the
Application and, to the extent necessary, affirmatively deny the allegations contained in the
Application and maintain that the Applicant should be given no relief whatsoever by the
Commission on account or by virtue of the Application.
In an abundance of caution, to the extent this intervention is challenged, Great
Western and OmniTRAX's 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).
OD
Dated this 2- day of July, 2003.
Respectfully submitted,
Foster, Graham, Huttner& Calisher,LLP
By:cAu,t "'I (• Qf""
Daniel K. Calisher, #28196
1226 Bannock Street
Denver, Colorado 80204
Telephone: (303) 333-9810
Facsimile: (303) 333-9786
E-mail: calisher@fghc.net
ATTORNEYS FOR INTERVENORS
OMNITRAX, INC. AND GREAT
WESTERN RAILWAY OF COLORADO,
LLC
591159 I ILW ARN 09/2/04 9 15 AM 2
CERTIFICATE OF SERVICE
I hereby certify that I have served the foregoing ENTRY OF APPEARANCE
AND NOTICE OF INTERVENTION by placing a true and correct copy of the same in the
United States mail, first-class, postage prepaid, on this 2nd day of July, 2004, 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'h Floor 1580 Logan Street
Denver, CO 80203 Denver, CO 80203
OmniTRAX, Inc. Colorado Public Utilities Commission
Attention: Bob Parker Ray Jantzen, Railway Section
Chief Operations Officer Logan Tower, Office Level 2
252 Clayton Street, Suite 400 1580 Logan Street
Denver, CO 80206 Denver, CO 80203
591159 1 ILA ARN 07/2/04 9.15 AM
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
Assistant Attorney General
Business and Licensing Section
State of Colorado Department of Law
1525 Sherman Street, 5th Floor
Denver,Colorado 80203
Cathy ler
591159 1 ILW ARN 07/1/04 9.15 AM 4
Hello