COMMISSION WASHINGTON STATE DEPARTMENT ) OF TRANSPORTATION, ) ) Petitioner, )DOCKET NO. TR-961002 ) VOLUME 2 vs. ) Pages 28 - 146 ) BURLINGTON NORTHERN SANTA FE ) RAILROAD, ) ) Respondent. ) ----------------------------------) A hearing in the above matter was held on September 8, 1997 at 9:20 a.m., at 1300 South Evergreen Park Drive Southwest, Olympia, Washington, before Administrative Law Judge C. ROBERT WALLIS. The parties were present as follows: BURLINGTON NORTHERN RAILROAD COMPANY, by REXANNE GIBSON, Attorney at Law, 110 - 110th Avenue NE, Suite 607, Bellevue, Washington 98004. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, by DEBORAH L. CADE, Assistant Attorney General, 905 Plum Street, P.O. Box 40113, Olympia, Washington 98504. THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STAFF, by ANN E. RENDAHL, Assistant Attorney General, 1400 South Evergreen Park Drive Southwest, P.O. Box 40100, Olympia, Washington 98504. Cheryl Macdonald, CSR Court Reporter APPEARANCES (Cont'd.) THE CITY OF WINLOCK, by MARK C. SCHEIBMEIR, Attorney at Law, 299 NW Center Street, P.O. Box 939, Chehalis, Washington 98532. I N D E X WITNESSES: DIRECT CROSS REDIRECT RECROSS EXAM SCHULTZ 41 61, 135 136 FOULKE 83 92 117 119 116 OHLSEN 126 130 134 EXHIBITS: MARKED ADMITTED 1 35 35 2 41 60 3 83 119 4 83 119 5 83 119 6 85 119 7 118 125 8 125 135 9 125 135 10 139 11 140 145 12 142 145 P R O C E E D I N G S JUDGE WALLIS: The hearing will please come to order. This is a hearing of the Washington Utilities and Transportation Commission in the matter of the Washington State Department of Transportation vs. Burlington Northern Santa Fe Railroad, respondent. This is docket No. TR-961002. This hearing is being held in Olympia, Washington on September 8, 1997 before Administrative Law Judge C. Robert Wallis. I wonder if we might begin with appearances and start with Commission staff. MS. RENDAHL: Ann Rendahl, assistant attorney general representing the Commission staff. My address is 1400 South Evergreen Park Drive Southwest, P.O. Box 40128, Olympia, Washington 98504-0128. MR. SCHEIBMEIR: Mark Scheibmeir, city attorney for the city of Winlock, intervening party. Address is P.O. Box 939 in Chehalis, 98352. MS. CADE: Deborah Cade, assistant attorney general, representing the petitioner Washington State Department of Transportation. My address is P.O. Box 40113, Olympia, Washington 98504. MS. GIBSON: Rexanne Gibson, appearing for respondent Burlington Northern and Santa Fe Railroad Company. My address is 110 110th Avenue Northeast, Suite 607, Bellevue, Washington 98004. JUDGE WALLIS: Let me ask at this time if there are other appearances to be made at this time. Let the record show that there is no response. Prior to going on the record we did engage in some preliminary discussions, and I'm going to state the result of those discussions, and certainly as we mentioned each item, invite counsel to supplement or correct my statement as they see fit. First, we did discuss the matter of communications that have been directed to the Commission by members of the public. It's been agreed that such letters will be collected by Commission staff counsel, Ms. Rendahl, and will be presented to the record as an illustrative exhibit, demonstrating the sentiment of members of the public. It's further been agreed that at the conclusion of the proceeding we will hold the record open for such letters as might come in within a reasonable time to be determined before we conclude the proceeding. Any comments regarding that? Appears not. Let's proceed then. We also discussed a change in location. Late information has indicated that it's possible that the scheduled location, which is the Winlock city hall, has a capacity of 50 persons, and it is possible that crowds far in excess of that by one or two, or perhaps three times, or conceivably even more, might wish to attend the hearing session. We discussed alternatives. It does appear that there is a location, the Olequa Senior Center, which is approximately within three or four blocks of the scheduled location, and we debated the pros and cons of announcing such a scheduled change today. Doing so would permit Commission public affairs staff to advise newspapers and radios in the vicinity and post notices about a change in location. However, upon reference to the pertinent statute it's been determined that making such a change would appear to violate the language of the statute, 81.53.060, which mandates that the time and place of the hearing shall be announced at least two days in advance, and we no longer have that time period before such a change. We have instead asked the city to coordinate with the senior center to maintain the center as an option in the event that we are in fact overwhelmed and find it necessary to change locations to meet the demand of members of the public. That's a decision that will be made at the start of the hearing or close to the start of the hearing at 6:30 tomorrow evening.