Public Utilities Commission of Colorado Grants Late Intervention in BNSF Railroad Crossing Project

Strategic Insights -

The Colorado Public Utilities Commission has made a decision regarding an application by the Colorado Department of Transportation (CDOT) to install a blank out sign, advance flashing warning beacons, and modify the preemption timing at the Duckwood Road crossing of BNSF Railway Company and Union Pacific Railroad Company. The commission has granted late intervention to Union Pacific Railroad Company (UPRR) in the matter, acknowledging their interventions of right and accepting their late-filed notice of intervention. The decision was made effective immediately.

Key Takeaways:

  • The Colorado Public Utilities Commission issued Decision No. R24-0539-I on July 25, 2024, granting late intervention to UPRR in the proceeding.
  • CDOT filed the application on April 2, 2024, to add a blank out sign, advance flashing warning beacons, and modify the preemption timing at the BNSF railroad crossing.
  • BNSF filed its corrected Entry of Appearance and Notice of Intervention on May 14, 2024, while UPRR filed its Unopposed Motion to Late File an Entry of Appearance on July 1, 2024.
  • The commission granted UPRR's Motion to Late File an Entry of Appearance due to good cause shown, including lack of notice of the commission's application and no material harm resulting from the delay.
  • CDOT, BNSF, and UPRR are the parties to this proceeding.
  • The commission acknowledged BNSF's intervention of right and accepted UPRR's late-filed notice of intervention.
  • The decision is effective immediately.

Statistics:

  • Date of commission decision: July 25, 2024
  • Date of CDOT application: April 2, 2024
  • Date of BNSF's corrected Entry of Appearance: May 14, 2024
  • Date of UPRR's Unopposed Motion to Late File an Entry of Appearance: July 1, 2024
  • Number of parties in the proceeding: 3 (CDOT, BNSF, and UPRR)

Sources:

  • Decision No. R24-0539-I, issued by the Public Utilities Commission of Colorado on July 25, 2024
  • Application filed by CDOT on April 2, 2024
  • Corrected Entry of Appearance and Notice of Intervention filed by BNSF on May 14, 2024
  • Unopposed Motion to Late File an Entry of Appearance filed by UPRR on July 1, 2024
  • Commission's Rules of Practice and Procedure, 4 Code of Colorado Regulations (CCR) 723-1