C06-1074Decision No. C06-1074
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
06R-506RDOCKET NO. 06R-506R
In the matter of the proposed rules regulating RAILROADS, RAIL FIXED GUIDEWAYS, TRANSPORTATION BY RAIL, AND RAIL CROSSINGS, 4 Code of Colorado regulations 723-7.
notice of proposed rulemaking
Mailed Date:  September 13, 2006
Adopted Date:  September 6, 2006
I.	BY THE COMMISSION
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) hereby issues this Notice of Proposed Rulemaking (NOPR) regarding its Rules Regulating Railroads, Rail Fixed Guideways, Transportation by Rail, and Rail Crossings, 4 Code of Colorado Regulations (CCR) 723-7.
2.	The Commission repealed and reenacted its entire body of rules on April 1, 2006.  Due to the complexity of such an undertaking, the need for additional improvements to these rules is necessary.
3.	The basis and purpose of the proposed amendments is to simplify definitions, add rules that were inadvertently omitted during the preceding rulemaking, remove a requirement that is burdensome to applicants, request additional contact information on applications, and provide technical corrections to a few of the current railroad rules.
4.	The statutory authority for the proposed rules is found in §§ 40-2-108, 40-2-119, 40-3-101(1), 40-3-102, 40-3-103, 40-3-110, 40-4-101(1), 40-4-101(2), 40-4-106, 40-5-105, 40-6-111(3), 40-9-108(2), 40-18-102, 40-18-103, 40-29-110, and 40-32-108, C.R.S.
5.	Current rules incorporate the National Electrical Safety Code in two separate places.  This NOPR proposes to reduce the incorporations by reference in this regard to one instance, namely, to rule 7008. 
6.	The current rules have definitions for highway-railroad and railroad-highway crossings.  The only difference in these two definitions is whether the highway preexisted the railroad.  Our review of industry publications shows that highway-rail crossing is the more standard term of use.  Rule 7201 is proposed to be modified to remove the two existing definitions and create a new definition for highway-rail crossing.  Appropriate changes are made throughout the rules to remove highway-railroad and railroad-highway references, and to replace them with the new term highway-rail.
7.	Rule 7203 adds categories of persons or entities that may apply for railroad crossings and utility crossings.  These categories do not exist in the current rules.
8.	Rule 7204 is modified to add additional information originally excluded, rearrange the listed order of requirements, and correct technical specifications of required information for interconnection and preemption at a highway traffic signal.
9.	Rule 7208 is modified to include certain notice requirements, which were inadvertently omitted in the preceding rulemaking, for applications seeking authority to close a highway-rail crossing.
10.	All rules concerning applications now request facsimile number and e-mail address information for the applicant representative.
11.	Rules 7340 through 7399 (System Safety Program Standards for Rail Fixed Guideway Systems) do not constitute a portion of this NOPR.  Rules 7340 through 7399 are currently the subject of rulemaking in Docket No. 06R-189R.
12.	Rules 7400 through 7999 (Miscellaneous) do not constitute a portion of this NOPR.  The Commission is not proposing any changes to these rules.
13.	The proposed amendments will be published in the October 10, 2006, edition of The Colorado Register.  Additionally, interested persons may acquire a copy of the proposed amendments, either in hard-copy or electronic form, from the Commission’s Records Management Unit.  The Records Management Unit may be contacted by phone or email at 303.894.2040 or Cheryl.Fisher@dora.state.co.us, respectively.  The proposed amendments will also be available from the Commission’s website:
	www.dora.state.co.us/puc/rulemaking/RulemakingNotices.htm
14.	Considering the limited scope of the instant NOPR and the Commission’s desire to refine the product of the preceding rulemakings, the Commission requests that interested persons limit their comments to the proposed rule changes only.  The instant rulemaking should not be construed as an opportunity to reopen contentious issues that have already been resolved in preceding rulemakings.
15.	An Administrative Law Judge (ALJ) will conduct a hearing on the proposed amendments and related issues at the below-stated time and place.  Interested persons may submit written comments on the amendments, including data, views, or arguments, and present these orally at hearing unless the ALJ deems oral presentations unnecessary.  The Commission encourages interested persons to submit written comments before the hearing scheduled in this matter.  In the event interested persons wish to file comments before the hearing, the Commission requests that such comments be filed no later than October 24, 2006.  Reply comments should be submitted by November 3, 2006.  The Commission prefers that interested persons submitting comments do so both in paper and, when possible, electronic format.  The Commission may post electronically submitted comments to its web site.  The Commission will consider all submissions, whether oral or written.
II.	ORDER
A.	The Commission Orders That:
1.	This Notice of Proposed Rulemaking shall be filed with the Colorado Secretary of State for publication in the October 10, 2006, edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before an Administrative Law Judge as follows:
	DATE:	November 7, 2006
	TIME:	9:00 AM
	PLACE:	Commission Hearing Room
	Office Level 2 (OL2)
	Logan Tower
	1580 Logan Street
	Denver, Colorado
3.	The ALJ may set additional hearings, if necessary.
4.	At the time set for hearing in this matter, interested persons may submit written comments and may present these orally unless the ALJ deems oral comments unnecessary.  Interested persons may file written comments in this matter before hearing.  The Commission prefers that such pre-filed comments be submitted in both paper and, when possible, electronic format no later than October 24, 2006.  Reply comments should be submitted by November 3, 2006.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
September 6, 2006.

	THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________

________________________________
Commissioners	
G:\yellow\Rail NOPR_090606.doc:lp