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Home My WebLink About7 of 1968 - A resolution objecting to the discontinuance of Trains Nos. 5 and 6 and petitioning the Interstate C Resolution No: 7 By Mayor J. Bracken Lee COMMISSIONER Objecting to the discontinuance of trains nos. 5 and 6 and petitioning the Interstate Commerce Commission to deny the request of the Union Pacific Railroad Company for discontinuance of trains nos. 5 and 6 between Omaha, Nebraska and Los Angeles, California. Presented to the Board of Commissioner AND PASSED ) ,;',NiNtis.N\iti.; f V CLTY RECORDER ORDER INTERSTATE COMMERCE COMMISSION SE-?VICE DATL'. FINANCE DOCKET NO. 24935 =c 1, 1961 UNION PACIFIC RAILROAD COMPANY DISCONTINUANCE OF TRAINS NOS. 5 AND 6 BETWEEN OMAHA, NEBR., AND LOS ANGELES, CALIF. (Investigation under section 13a(1) of the Interstate Commerce Act) PRESENT: Kenneth H. Tuggle, Commissioner, to whom the matter which is the subject of this order has been assigned for action thereon. Upon consideration of the record in the above-entitled proceeding; It is ordered, That the above-entitled proceeding be, and it is hereby, referred to Examiner Richard S. Ries for hearing at the time and places hereafter designated: On April 8 and 9, 1968, at 9:30 o'clock a.m. United States Standard Time, in the City Council Chambers, City Hall, 18th & Dodge Sts., Omaha, Nebr., to hear evidence, presented by (1) the Union Pacific Railraod Company; or persons supporting the proposal, including cross-examination thereon, (2) protestants, including cross-examination thereon, or (3) as may be directed by the hearing examiner. On April 10, 1968, at 9:30 o'clock a.m. United States Standard Time, in the City Council Chambers, City Hall, 2nd & Pine Sts., Grand Island, Nebr., to hear evidence, presented by (1) protestants, including cross-examination thereon, or (2) as may be directed by the hearing examiner. On April 11, 1968, at 9:30 o'clock a.m. United States Standard Time, in the Blue Flame Room, Northwestern Public Service Company Building, 215 E. 5th St., North Platte, Nebr., to hear evidence, presented by (1) protestants, including cross- examination thereon, or (2) as may be directed by the hearing examiner. On April 12, 1968, at 9:30 o'clock a.m. United States Standard Time, in Court. Room No. 2, U. S. Court House & Federal Office Bldg., 2120 Capitol Ave., Cheyenne, Wyo., to hear evidence, presented by (1) protestants, including cross examination thereon, or (2) as may be directed by the hearing examiner. On April 151968, at 9:30 o'clock a.m. United States Standard Time, in Room 314, Federal Annex Bldg., 135 S. State St., Salt Lake City, Utah, to hear evidence, presented by (1) protestants, including cross-examination thereon, or (2) as may be directed by the hearing examiner. Finance Docket No. 24935 PAGE TWO On April 16, 1968, at 9:30 o'clock a.m. United States Standard Time, in Room 304, U. S. Post Office & Court House, 301 Stuart Ave., Las Vegas, Nev., to hear evidence presented by (1) protestants, including cross-examination thereon, or (2) as may be directed by the hearing examiner. On April 17, 1968, at 9:30 o'clock a.m. United States Standard Time, in Room 1345, U. S. Court House, 312 N. Spring St., Los Angeles, Calif., to hear evidence presented by (1) protestants, including cross-examination thereon, or (2) as may be directed by the hearing examiner. It is further ordered, That the Union Pacific Railroad Company shall make available at the initial hearing a competent witness or witnesses for examination on all material and relevant facts recited in their notice of proposed change in service and the supporting statement and exhibits attached thereto; that any person desiring to cross-examine witnesses of the Union Pacific Railroad Company at other designated location of hearing shall appear at the initial hearing and justify such a request to the hearing examiner which request may be granted or denied as the hearing examiner may direct. It is further ordered, That a copy of the supporting statement and exhibits referred to above shall be supplied by the carrier named to any attorney or other person expecting to actively participate in the hearings wno makes request of said carrier therefor; and that all other written testimony, including exhibits, proposed to be offered at the hearings by the carrier, so far as practicable, shall be served on state regulatory bodies or others making request of said carrier therefor, and written testimony and exhibits of protestants or state regulatory bodies, so far as practicable, shall be served on the Union Pacific Railroad Company at least four days prior to the initial hearing, which requirement may be waived by the examiner at the hearings, for good cause. And it is further ordered, That the Union Pacific Railroad Company shall, within 10 days of the service date of this order, post a copy of this order in a conspicuous place in each station, depot, car, or other' facility in which they are required to post a notice of the proposed change in service (49 C.F.R.1122); and shall certify to this Commission, within 15 days of the service date of this order, that said posting has been made. Dated at Washington, D. C., this 28th day of February 1968. By the Commission, Commissioner Tuggle. H. NEIL GARSON, (SEAL) Secretary. 3Intergtate Commerce QCommisZion agljington,O.e. 20423 OFFICE OF THE CHAIRMAN February 19, 1968 Pair. Herman J. Hogensen City Recorder Salt Lake City Corporation 200 City & County Building Salt Lake City, Utah 84111 Dear Mr. Hogensen: This will acknowledge receipt of your letter of February 9, 1968, forwarding a resolution passed by the Board of Commissioners of Salt Lake City, Utah, objecting to the proposal of the Union Pacific Railroad Company to discontinue trains Nos. 5 and 6 between Omaha, Nebraska and Los Angeles, California. You ask that this resolution be given consideration. By order of February 13, 1968, in Finance Docket No. 24935, copy enclosed, the Commission instituted an investigation of the railroad's proposal and required continuance of the trains for four months pending the conclusion of hearings and the issuance of a decision on the merits of the case. Hearings will be scheduled in several cities served by the trains and any interested person may appear and submit evidence in opposition to the proposal. Determinations in proceedings such as this must be made upon consideration of the evidence submitted at the formal hearings. You may wish to give consideration to having a representative of the Salt Lake City Corpo- ration appear at one of the hearings and submit a copy of the resolution for inclusion in the official record. - 2 - Under the law (section 13a(1) of the Interstate Commerce Act), the Commission may require the trains to be continued for a maximum period of one year if it finds that they are required by the public convenience and necessity and their continuance would not unduly burden interstate or foreign commerce. In the absence of such a finding, the trains can be discontinued. I have arranged for you to receive copies of all future notices, reports and orders issued in this proceeding;. Sincerely yours, it CZ.suL Paul ?T7i-e:::y Chairman Enclosure SERVICE DATE February 15,1968 ORDER At a Session of the INTERSTATE COMMERCE COMMISSION, Division 3, held at its office in Washington, D. C., on the 13th day of February, 1968. Finance Docket No. 24935 UNION PACIFIC RAILROAD COMPANY DISCONTINUANCE OF TRAINS NOS. 5 AND 6 BETWEEN OMAHA, NEBR., AND DOS ANGELES, CALIF. It appearing, That on January 24, 1968, the Union Pacific Railroad Company filed with this Commission notice under section 13a(1) of the Interstate Commerce Act, as amended, that effective February 26, 1968, said carrier will discontinue service of its passenger trains Nos, 5 and 6 between Omaha, Nebr., and Los Angeles, Calif. It further appearing, That complaints by certain individuals, associations, communities, and by railway employees have been received requesting suspension of the proposed discontinuance pending investigation to determine the extent of public need for the trains in question; It further appearing, That discontinuance of the said train service by Union Pacific Railroad Company may not be warranted by the public convenience and necessity, and that operation of such service may not unduly burden interstate commerce; It further appearing, That the due and timely execution of this Commission's functions in this proceeding imperatively and unavoidably requires the omission of an examiner's recommended decision herein, for the reason that under the provisions of section 13a(1) of the Interstate Commerce Act, the said train service may be discontinued unless a decision herein is made before expiration of the four- month period hereinafter provided for; It is ordered, That an investigation of the proposed discontinuance of train service described hereinabove, be, and it is hereby, instituted under the provisions of section 13a(1) of the Interstate Commerce Act, and that the matter be assigned for hearing at a time and place hereafter to be fixed; F. D. No. 24935 It is further ordered, That the train service described hereinabove be continued pending hearing and decision in said investigation, but not for a longer period than four months beyond the date when the discontinuance otherwise would have become effective unless otherwise ordered herein; It is further ordered, That a recommended decision by the examiner to whom the investigation is assigned for hearing be omitted as part of the decision-making process in this proceeding, and the record herein shall be considered as certified to the Commission, Division 3, for initial decision when received by the Secretary of the Commission for filing in the docket; and It is further ordered, That within 30 days hereof, the carrier shall submit an original and 7 copies of income statements showing the financial results of operating trains Nos. 5 and 6 during 1965 and 1966. By the Commission, Division 3. H. NEIL GARSON, Secretary. (SEAL) -2- COMMITTEES: WALLACE F.BENNETT FINANCE UTAH BANKING AND CURRENCY JOINT COMMITTEES: 'sJCruiteb,.fate%Zerrafe ATOMIC ENERGY TOM C.KORO DEFENSE PRODUCTION WASHINGTON.D.G. 20510 ADMINISTRATIVE ASSISTANT NTSELECT COMMITTEE: STANDARDS AND CONDUCT February lb. 1988 The Rococoale J. Bracken Leo Mayor, Salt Lake City Corporation City & County Building Salt Lake City, Utah 84111 Dear Mayor Lee: I wish to acknowledge receipt of your February e? letter and the enclosed resolution concerning Union pacific ''rains lit and #6. I have forwarded this to the Interstate Com- merce Co: ia_aeien with D. covering letter requesting that it be considered. by the Commission and made part cf the permanent henriny, accord. Sir;,rc „ ,e 1 . Bennett FB/o.y -'E `' RIV E,D }p'F, .y. y�,,- itkNA 1.3 Lov, QacordN: that effective February 26, 1968, said carrier will discontinue service of its passenger trains Nos. 5 and 6 between Omaha, Nebr., and Los Angeles, Calif. It further appearing, That complaints by certain individuals, associations, communities, and by railway employees have been received requesting suspension of the proposed discontinuance pending investigation to determine the extent of public need for the trains in question; It further appearing, That discontinuance of the said train service by Union Pacific Railroad Company may not be warranted by the public convenience and necessity, and that operation of such service may not unduly burden interstate commerce; It further appearing, That the due and timely execution of • • • - BEFORE THE INTERSTATE COMMERCE COMMISSION IN THE MATTER OF ) UNION PACIFIC RAILROAD COMPANY ) PROTEST AND REQUEST FOR HEARING DISCONTINUANCE OF SERVICE BETWEEN ) FINANCE DOCKET NO. OMAHA, NEBRASKA, AND LOS ANGELES, ) CALIFORNIA, TRAINS NO. 5 AND 6. ) Submitted by Public Service Commission of Utah Donald Hacking, Chairman Hal S. Bennett, Commissioner Donald T. Adams, Commissioner by Keith E. Sohm Commerce Attorney Public Service Commission of Utah 330 East Fourth South Salt Lake City, Utah 84111 Dated this 9th day of February, 1968 Discontinuance Effective Date: February 26, 1968 - BEFORE THE INTERSTATE COMMERCE COMMISSION - IN THE MATTER OF THE ) UNION PACIFIC RAILROAD COMPANY ) PROTEST AND REQUEST FOR HEARING DISCONTINUANCE OF SERVICE BETWEEN ) FINANCE DOCKET NO. OMAHA, NEBRASKA, AND LOS ANGELES, ) CALIFORNIA, TRAINS NO. 5 AND 6. ) The Public Service Commission of Utah, your petitioner herein, respect- fully represents that it has an interest in the matters and controversy in this proceeding and for grounds for intervention herein says: I That petitioner, Public Service Commission of Utah, is that department of the Utah government which possesses the power and is charged with the duty of investigating existing or proposed intrastate and interstate railroad services and changes thereof, where any act in relation thereto shall adversely affect trade and commerce in the State of Utah and the public welfare, and under the Utah Statute, said Commission, in any such case, may apply by petition or other- wise to the Interstate Commerce Commission to intervene. II That the lines of the Union Pacific Railroad Company operate in and through the State of Utah and that the particular service which said railroad seeks by its application in this matter to discontinue serves points and places in the State of Utah not only in interstate commerce but in intrastate commerce in Utah; and that discontinuance of said service may have an adverse effect on the public of the State of Utah. - 2 - III That the discontinuance of Trains No. 5 and 6 would adversely affect train service important to citizens of the State of Utah both for interstate travel and for intrastate travel. This would leave but one remaining passenger train service between Salt Lake City, Ogden, and other Utah points on the one hand and the Los Angeles areas on the other. The remaining service does not stop at all of the Utah stations. These points would not have the benefit of any train service. The Western Pacific Railroad and the Southern Pacific Railroad are the carriers which the State of Utah relies upon for service between Utah and Northern California points. Both of these railroads have already discontinued all but one passenger train each and your honorable Commission has before it at the present time petitions by both the Western Pacific Railroad and the Southern Pacific Railroad to discontinue the only remaining trains serving between Utah and Northern California points. If the Commission permits discontinuance of the Union Pacific Trains No. 5 and 6 this would mean that only one train remains between the great states of Utah and California. Wherefore, the Public Service Commission of Utah requests the Commission postpone the proposed discontinuance of Trains No. 5 and 6 and set hearings on the matter in Salt Lake City, Utah. The Public Service Commission further requests leave to intervene in this proceeding as its interest may appear and be treated as a party thereto with the right to have notice of, and appear at, the hearings which have been set and - 3 - which may hereafter be set, and to present testimony, produce evidence and to cross examine witnesses and be heard in person or by counsel upon brief and at the oral argument, if oral argument is held. Dated at Salt Lake City, Utah, this 9th day of February, 1968, Respectfully submitted, PUBLIC SERVICE COMMISSION OF UTAH Donald Hacking, Chairman Hal S. Bennett, Commissioner Donald T. Adams, Commissioner by Keit E. Sohm Commerce Attorney (Admitted to practice before the Interstate Commerce Commission) CERTIFICATE OF SERVICE I hereby certify that I served the foregoing petition upon: The Union Pacific Railroad Company California Public Utilities Com. 1416 Dodge Street California State Building Omaha, Nebraska 68102 San Francisco, California 94102 Nebraska State Railway Commission Industrial Promotion Commission Room 320 167 Social Hall Avenue 134 South 12th Street Salt Lake City, Utah 84111 Lincoln, Nebraska 68508 The Honorable Frank E. Moss Nevada Public Service Commission United States Senate NYE Building Washington, D. C. 20510 Carson City, Nevada 89701 The Honorable Wallace F. Bennett Wyoming Public Service Commission United States Senate Supreme Court & State Library Bldg. Washington, D.C. 20510 Cheyenne, Wyoming 82001 - 4 - Brotherhood of Locomotive Firemen Mrs. Hazel L. Moore & Enginemen Representative of Organized 1310 West 7800 South Ladies Card Clubs West Jordan, Utah 84084 Milford, Utah 84751 Brotherhood of Railroad Trainmen Chamber of Commerce 1025 East 2100 South .146 South Main Salt Lake City, Utah 84106 Salt Lake City, Utah 84101 The Honorable Sherman P. Lloyd Pro-Utah, Inc. House of Representatives Tribune Building Washington, D. C. 20510 Salt Lake City, Utah 84111 The Honorable Lawrence J. Burton Travel Council House of Representatives Council Hall Washington, D. C. 20510 Capitol Hill Salt Lake City, Utah 84114 City of Milford Milford, Utah 84751 Enoch H. Swain, Pres, Milford Lions Club Mr. Arthur L. Tripp Milford, Utah 84751 619 Crandall Building Salt Lake City, Utah 84101 Mr. A. L. Timpson Legislative Representative 941 4553 Carnegie Tech Salt Lake City, Utah 84120 Mr. G. W. Black 1051 Hollywood Avenue Salt Lake City, Utah 84105 Board of Commissioners Salt Lake City Corporation 200 City and County Building Salt Lake City, Utah 84111 J. V. Rochek Order of Railway Conductors & Brakemen Union Pacific Railroad Crandall Building Salt Lake City, Utah 84101 by posting first class mail copies thereof on this 9th day of February, 1968. Keith E. Sohm • • MAILING LIST The Honorable Wallace F. Bennett The Honorable Frank E. Moss United States Senator for Utah United States Senator for Utah 1211 New Senate Office Building Senate Office Building Washington, D. C. 20515 Washington, D. C. 20515 The Honorable Sherman P. Lloyd The Honorable Laurence J. Burton United States Representative for Utah United States Representative for Utah 1116 Longworth Building 1705 Longworth Building Washington, D. C. 20515 Washington, D. C. 20515 Mr. Paul J. Tierney, Chairman Utah Public Service Commission Interstate Commerce Commission 330 East Fourth South Street Washington, D. C. 20423 Salt Lake City, Utah 84111 Mr. Arthur L. Tripp, Chairman Mr. G. W. Black, State Representative Brotherhood of Locomotive Firemen& Enginemen Brotherhood of Railroad Trainmen Legislative and Education Board of Utah AFL-CIO 1051 Hollywood Avenue 619 Crandall Building Salt Lake City, Utah 84105 Salt Lake City, Utah 84101 Wyoming Public Service Commission Cheyenne, Wyoming 82001 ono. 66-05,500 - ROLL CALL January 31 196 8 VOTING Aye Nay Salt Lake City,Utah, • Barker . . I move that the Resolution be adopted. Catmull . . . Gam . . . . - J , Harrison . . . - Mr. Chairman . / RESOLUTION Result . . WHEREAS, the Union Pacific Railroad Company for many years has maintained passenger service between Omaha, Nebraska and Los Angeles, California, passing through Salt Lake City, Utah, by Trains Nos. 5 and 6, which trains have historically made flag stops at the numerous small communities along the railroad line; and WHEREAS, over the years the residents of Salt Lake City and of the communities between Salt Lake City and Omaha, Nebraska and Salt Lake City and Los Angeles, California, have come to rely on such train service and such service has contributed greatly to the economy and convenience of the citizens of said communities; and WHEREAS, the Union Pacific Railroad Company now proposes to dis- continue the said flag run passenger service between Omaha, Nebraska and Los Angeles, California by eliminating from service said Trains Nos. 5 and 6, and has applied to the Interstate Commerce Commission for per- mission to discontinue said daily passenger trains; and WHEREAS, the discontinuance of said trains would leave Salt Lake City and the intermediate communities without adequate passenger train service between Omaha, Nebraska and Los Angeles, California and would result in great economic loss and inconvenience to the citizens thereof; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF SALT LAKE CITY, that said Board does hereby object to the discontinuance of said trains and respectfully petitions the Interstate Commerce Com- mission to deny the request of the Union Pacific Railroad Company for discontinuance of Trains Nos. 5 and 6 between Omaha, Nebraska and Los Angeles, California. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to William H. Tucker, Chairman of the Interstate Commerce Commission at Washington, D. C., Utah Public Service Commission, the Wyoming Public Utilities Commission, G. W. Black, State Representative of the Brotherhood of Railroad Trainmen, Arthur L. Tripp of the Brotherhood of Locomotive Firemen and Enginemen, and to each of the Utah Senators and Congressmen. Passedst by the Bard y Commissioners of Salt Lake City, Utah, this 31day of anuar , 1968. MAYOR b1141\ CITY RE