C08-0718Decision No. C08-0718
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-297RDOCKET NO. 08R-297R
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 UNDER HOUSE BILL 08-1227.
NOTICE OF PROPOSED RULEMAKING
Mailed Date:	July 11, 2008
Adopted Date:	July 9, 2008
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.	This NOPR proposes changes to the Commission’s rules necessitated by the passage of House Bill 08-1227 (the bill).
3.	The bill amends, inter alia, §§ 40-4-106, 40-18-101(1), and 40-29-116, C.R.S.  The bill became effective on July 1, 2008.
4.	The bill’s amendment of Articles 4, 18, and 29 of Title 40 of the Colorado Revised Statutes applies to railroads and rail fixed guideway operators.  Under the bill, references to "railroad crossings" have been completely removed from Commission jurisdiction and references to the American Public Transportation Association “Manual for the Development of Rail Transit System Safety Plans” have been removed from the statutes.
5.	The Commission’s existing rules for railroad crossings were established in Docket Nos. 04R-285R and 06R-506R and the existing rules regulating rail fixed guideway systems were established in Docket No. 06R-189R.
6.	The basis and purpose of the proposed amendments is to remove the definitions and references to railroad crossings, remove the requirement for map changes to be sent to those identified in Rule 7204(c)(XVI), remove reference to the American Public Transit Association “Manual for the Development of Rail Transit System Safety Program Plans,” and correct the Commission’s address in one location.
7.	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.
8.	Rules 7002, 7203, 7204, remove references to and requirements regarding railroad crossings.
9.	Rule 7201 removes the definition of a railroad crossing.
10.	Rule 7204 removes the requirement that all persons identified in Rule 7204(c)(XVI) must be served with a true and correct copy of substantive changes to any map, drawing, plan, or schematic. 
11.	Rule 7342 removes references to the American Public Transit Association “Manual for the Development of Rail Transit System Safety Program Plans” and corrects the Commission’s address. 
12.	Rules not specifically discussed in this NOPR 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 August 10, 2008, 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, 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 August 20, 2008.  Reply comments should be submitted by August 27, 2008.  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 August 10, 2008, edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before an Administrative Law Judge (ALJ) as follows:
	DATE:	September 4, 2008
	TIME:	9:00 a.m.
	PLACE:	Commission Hearing Room
	1560 Broadway, Suite 250
	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 August 20, 2008.  Reply comments should be submitted by August 27, 2008.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
July 9, 2008.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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	Commissioners

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