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Commission dismisses petition, on Meeker Southern Railroad's petition to modify an existing highway-rail grade crossing in Pierce County

On January 6, 2010, Order 04, Initial Order Granting Motion to Dismiss Petition, Without Prejudice, was served in this matter. On January 4, 2010, Meeker Southern Railroad filed a motion to dismiss, without prejudice, the current petition.

The commission received letters from commission staff and Pierce County Public Works and Utilities waiving their right to petition for administrative review.

On January 12, 2010, the commission issued a Notice of Finality.

Background of Proceeding:
The commission held a prehearing conference on April 23, 2009, at 9:30 a.m. on a petition by Meeker Southern Railroad to modify an existing highway-rail grade crossing at 134th Avenue East, Pierce County, USDOT Crossing Number 085536R. Pierce County Public Works and Utilities notified the commission that it does not support the petition. (Docket TR-081407, see "Documents" link below for more information).

At the April 23 prehearing conference, the parties agreed on a procedural schedule. See prehearing conference order 01. The commission will hold evidentiary hearings in this matter beginning September 1, 2009, at 9:30 a.m. and continuing thereafter, as necessary, on September 2, 2009, at 9:30 a.m. in the Tacoma Mall Office Building, 4301 S. Pine St., 4th Floor, Suite 446, Tacoma, Washington.

On June 11, 2009, the commission issued Order 02, which modified the previous procedural schedule including cancelling the September 1, 2009 hearing in Tacoma, and rescheduling it to be held at the Commission's headquarters for November 3 and 4, 2009, beginning at 9:30 a.m.

The commission granted a second continuance in Order 03 and modified the procedural schedule by cancelling the November 3 and 4, 2009 hearing, and rescheduling it for January 5 and 6, 2010, beginning at 9:30 a.m. The hearing dates are cancelled and the procedural schedule is currently vacated.

On September 16, 2009, Meeker filed a request to vacate the procedural schedule in this matter because the parties had reached an agreement in principle and additional time would allow the parties to work on resolving remaining details. The commission issued a notice on September 18, vacating the remainder of the procedural schedule in this matter. The Commission will await Meeker’s amended petition and traffic study before determining how to proceed further in this matter.

For more information, please contact Kathy Hunter at (360) 664-1257 or by e-mail at khunter@utc.wa.gov.

Posted/updated: 01/21/2010
Document list:
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