HomeMy WebLinkAbout20012521 Decision No. R01-874
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE 'STATE Eb' nC6tj3RADO
DOCKET NO. 01A-057R ir_t
IN THE MATTER OF THE APPLICATION OF THE TOWN OF MILLIKEN,
COLORADO FOR AUTHORITY TO UPGRADE THE CROSSINGS OF THE UNION
PACIFIC RAILROAD AT THE CROSSINGS OF WELD COUNTY ROAD 23 AND 46,
BOTH IN THE TOWN OF MILLIKEN, WELD COUNTY, COLORADO.
RECOMMENDED DECISION OF
ADMINISTRATIVE LAW JUDGE
DALE E. ISLEY
GRANTING APPLICATION
Mailed Date : August 28, 2001
Appearances :
Catherine A. Leslie, Rocky Mountain
Consultants, Inc. , Longmont, Colorado, for
the Town of Milliken, Colorado;
James P. Gatlin, Esq. , Omaha, Nebraska, for
the Union Pacific Railroad Company; and
Jack Baler, of the Staff of the Colorado
Public Utilities Commission.
I. STATEMENT
A. On February 14, 2001, the Town of Milliken, Colorado
( "Milliken" ) filed this application requesting authority to
upgrade the existing rail crossings at Weld County Road 23 and
Weld County Road 46 ("CR 23 Crossing" , "CR 46 Crossing" , or,
collectively, the "Crossings" ) across the railroad tracks of the
Union Pacific Railroad Company ("UP" ) with automatic gates,
flashing lights, bells, and motion sensing devices . The
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Crossings are located within the town limits of Milliken in Weld
County, Colorado. The CR 23 Crossing has been assigned National
Inventory Crossing ID No. 804-535W and the CR 46 Crossing has
been assigned National Inventory Crossing ID No. 804-534P.
B. Milliken also requests that appropriate funding be
made available under the Public Utilities Commission Crossing
Protection Fund ("PUC Crossing Fund" ) for the requested
improvements .
C. The Commission gave notice of this application
together with a copy of the application to all interested
parties, including the adjacent property owners in accordance
with § 40-6-108 (2) , C.R. S . This notice was mailed on
February 16, 2001 .
D. On February 16, 2001, the Staff of the Public
Utilities Commission ( "Staff" ) filed its Entry of Appearance and
Notice of Intervention. On March 1, 2001, the UP filed its
Entry of Appearance and Notice of Intervention.
E. The Commission scheduled this application for hearing
in Milliken, Colorado on July 24, 2001 at which time the matter
was heard. Testimony was received from Catherine A. Leslie, a
Project Manager for Rocky Mountain Consultants, Inc . , Susan K.
Grabler, Manager Industry and Public Projects for UP, and
John H. Baier, the Staff' s Transportation Engineer. Exhibits 1
through 6 were marked, offered, and admitted into evidence. At
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the conclusion of the hearing the request of the UP and Milliken
for an extension of time, through and including August 23 , 2001,
to file certain revised exhibits was granted and the matter was
taken under advisement .'
F. Pursuant to § 40-6-109, C.R. S . , the record and
exhibits of this proceeding together with the following written
recommended decision are transmitted to the Commission.
II . FINDINGS OF FACT AND CONCLUSIONS THEREON
A. Applicant, the Town of Milliken is a political
subdivision of the State of Colorado. The UP is a railroad
corporation operating in the State of Colorado. The Commission
has jurisdiction over this matter pursuant to § 40-4-106, C.R.S .
B. Milliken requests authority from this Commission to
upgrade the Crossings with automatic gates, flashing lights,
bells, and motion sensing control devices . Currently, the area
surrounding the Crossings is somewhat rural in nature . However,
a residential development, the Colony Point Subdivision, borders
the CR 23 Crossing to the south and the CR 46 Crossing to the
east . Exhibits Al, A2 , and A3 of Exhibit 1 show the location of
the Crossings and current surrounding conditions .
1 UP filed Revised Exhibit Nos. 2 through 5 on August 6, 2001, and
Milliken filed Revised Exhibits A4 and A5 to Exhibit No. 1 on August 22,
2001.
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C. Both CR 23 and CR 46 are currently two-lane gravel
roads . Approximately 500 vehicles per day traveling at an
average speed of 25 miles per hour cross the CR 23 Crossing
during a normal weekday. The average weekday traffic count for
the CR 46 Crossing is approximately 100 vehicles per day with an
average speed of 30 miles per hour. A transportation study
recently commissioned by Milliken estimates that average weekday
traffic counts will soon increase to 12 , 500 vehicles per day at
the CR 23 Crossing and to 16, 000 vehicles per day at the CR 46
Crossing due to local population growth. As a result, in
addition to the requested Crossing improvements, Milliken
intends to widen, resurface, and modify the grade of CR 23 and
CR 46 at both Crossings in order to accommodate these projected
traffic increases. CR 23 will be converted to a two-lane, paved
city collector street and CR 46 will be converted to a four-
lane, paved city arterial street . Train traffic at both
Crossings consists of 2 freight trains per day with a timetable
speed of 40 miles per hour and is not expected to change in the
foreseeable future.
D. CR 23 runs north and south and crosses the mainline
tracks of the UP at a 45-degree angle. Current warning devices
at the CR 23 Crossing consist of two standard railroad cross-
buck signs with no highway warning signs. Motorists traveling
north on CR 23 can clearly see trains approaching the CR 23
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Crossing. However, visibility for southbound motorists for
trains approaching the CR 23 Crossing from the northwest is
somewhat restricted due to residential housing. There was no
evidence presented concerning any reportable accidents having
occurred at the CR 23 Crossing.
E. CR 46 runs east and west and also crosses the mainline
tracks of the UP at a 45-degree angle . Current warning devices
at the CR 46 Crossing consist of two standard railroad cross-
buck signs and two highway warning signs . Visibility to the
east of the CR 46 Crossing is clear. However, visibility for
trains approaching the CR 46 Crossing from the northwest is
restricted for motorists approaching the CR 46 Crossing from the
west due to a house and vegetation located northeast of the
CR 46 Crossing. As with the CR 23 Crossing, there was no
evidence presented concerning any reportable accidents having
occurred at the CR 46 Crossing.
F. The improvements requested by this application are
identical for both Crossings and are intended to enhance the
overall safety of the Crossings by adding crossing gates in each
direction. The details concerning such improvements are
illustrated on Revised Exhibits 3 and 5 . The mast for each
crossing gate will be equipped with flashing lights faced in
each direction. In addition, the center median opposite each
gate on each Crossing will be equipped with two flashing lights .
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The outside gates will also be equipped with flashing lights and
bells . These signals will be activated by motion sensing
devices designed to provide a consistent advance warning time of
32 seconds to motorists or pedestrians for trains approaching
the Crossings .
G. The subject improvements to the Crossings will be made
in accordance with the latest editions of the Railway/Highway
Grade Crossing Protection Specifications of the Association of
American Railroads, the specifications of the Public Utilities
Commission, and the standards of the Manual on Uniform Traffic
Control Devices .
H. Milliken agrees to be responsible for the maintenance
of the roadway approaches to the Crossings and to maintain them
for the lives of the Crossings. The UP agrees to maintain the
signals and all associated safety devices and appurtenances for
the lives of the Crossings .
I . The estimated gross cost to install the upgraded
warning devices described above is $158, 206 for the CR 46
Crossing and $148, 663 for the CR 23 Crossing. See, Revised
Exhibits 2 and 4 . There is no dispute over how these costs are
to be allocated. With regard to the CR 46 Crossing, Milliken
and the Staff propose that the cost be allocated as follows :
Milliken-75 percent, UP-20 percent, and the PUC Crossing Fund-
percent . With regard to the CR 23 Crossing, Milliken and the
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• Staff propose that the Cost be allocated as follows : Milliken-
11 percent, UP-20 percent, and the PUC Crossing Fund-69 percent .
As indicated, the UP did not contest the above proposed
allocations . Considering the benefit to the UP in upgrading the
safety devices at the Crossings, with fewer potential accidents,
and less train disruption, and the lower potential for physical
injury and damages, it is found that the above proposed
20 percent allocation to the UP for each Crossing is
appropriate.
J. As indicated above, the proposed plans and
specifications and cost estimates for the proposed upgraded
signalization of the Crossings were submitted into evidence as
Revised Exhibit Nos . 2, 3 , 4, and 5 . These plans and
specifications will be approved by the order to follow.
K. Section 40-4-106, C.R.S. , grants authority to the
Commission to determine the point of crossing at which railroad
tracks intersect with the public streets and highways and to
determine the protective devices that may be reasonable and
necessary to protect against accidents and to provide for the
public safety at such crossings . The evidence of record
establishes that the public convenience and necessity requires
that the Crossings be upgraded as proposed by Milliken in
accordance with the exhibits introduced as evidence in this
proceeding and as described in this decision.
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L. Section 40-4-106 (2) (b) , C.R.S . , requires that the
Commission allocate among the parties the cost of the approved
crossing upgrades . The evidence of record establishes that the
cost allocation proposed by Milliken and the Staff is fair and
equitable.
II. ORDER
A. The Commission Orders That :
1 . The application of the Town of Milliken to
install safety protection devices consisting of automatic gates,
flashing lights, bells, and motion sensing devices at the
existing rail crossings where the railroad tracks of the Union
Pacific Railroad Company intersect with Weld County Road 23
(National Inventory Crossing ID No. 804-535W) and Weld County
Road 46 (National Inventory Crossing ID No. 804-534P) , is
granted.
2 . The Union Pacific Railroad Company is authorized
and directed to install grade crossing warning devices
consisting of flashing lights, signals with gates, bells, and
motion sensing warning equipment at the rail crossings where its
railroad tracks intersect with Weld County Road 23 (National
Inventory Crossing ID No. 804-535W) and Weld County Road 46
(National Inventory Crossing ID No. 804-534P) in the Town of
Milliken, County of Weld, State of Colorado.
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3 . Installation of the upgraded warning and safety
devices authorized in ordering paragraph 2 above shall be in
accordance with the plans and specifications, Revised Exhibit
Nos . 3 and 5, introduced into evidence in this matter. In
addition, installation of the upgraded warning and safety
devices authorized in ordering paragraph 2 above shall be in
accordance with the latest editions of the Railway/Highway Grade
Crossing Protection Specifications of the Association of
American Railroads, the specifications of the Public Utilities
Commission, and the standards of the Manual on Uniform Traffic
Control Devices .
4 . The Union Pacific Railroad Company shall maintain
the upgraded warning and safety devices at the Crossings at its
own expense for the lives of the Crossings .
5 . The total actual cost of labor and material
required for installation of the warning and safety devices
where the railroad tracks of the Union Pacific Railroad Company
intersect with Weld County Road 23 (National Inventory Crossing
ID No. 804-535W) shall be paid in accordance with the following
allocation: The Town of Milliken shall pay 11 percent thereof;
the Union Pacific Railroad Company shall pay 20 percent thereof;
and 69 percent of the actual cost thereof shall be paid from
funds appropriated for the Public Utilities Commission Crossing
Protection Fund.
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6 . The total actual cost of labor and material
required for installation of the warning and safety devices
where the railroad tracks of the Union Pacific Railroad Company
intersect with Weld County Road 46 (National Inventory Crossing
ID No. 804-534P) shall be paid in accordance with the following
allocation: The Town of Milliken shall pay 75 percent thereof;
the Union Pacific Railroad Company shall pay 20 percent thereof;
and 5 percent of the actual cost thereof shall be paid from
funds appropriated for the Public Utilities Commission Crossing
Protection Fund.
7 . The Town of Milliken shall notify the Commission
in writing within ten days of the completion of the improvements
authorized by this Recommended Decision.
8 . This Recommended Decision shall be effective on
the day it becomes the Decision of the Commission, if that is
the case, and is entered as of the date above.
9 . As provided by § 40-6-109, C.R.S . , copies of this
Recommended Decision shall be served upon the parties, who may
file exceptions to it .
a. If no exceptions are filed within 20 days
after service or within any extended period of time authorized,
or unless the decision is stayed by the Commission upon its own
motion, the recommended decision shall become the decision of
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the Commission and subject to the provisions of § 40-6-114,
C.R. S .
b. If a party seeks to amend, modify, annul , or
reverse basic findings of fact in its exceptions, that party
must request and pay for a transcript to be filed, or the
parties may stipulate to portions of the transcript according to
the procedure stated in § 40-6-113 , C.R.S . If no transcript or
stipulation is filed, the Commission is bound by the facts set
out by the administrative law judge and the parties cannot
challenge these facts. This will limit what the Commission can
review if exceptions are filed.
10 . If exceptions to this Decision are filed, they
shall not exceed 30 pages in length, unless the Commission for
good cause shown permits this limit to be exceeded.
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( S E A L ) THE PUBLIC UTILITIES COMMISSION
• OF THE STATE OF COLORADO
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O DALE E. ISLEY
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Administrative Law Judge
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ATTEST: A TRUECOPY/
Bruce N. Smith
Director
O:\ORDER\057R.DOC
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