BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

SKAGIT COUNTY,    )
      ) DOCKET NO.  TR-980787
   Petitioner,  )
      )
v.      ) ORDER GRANTING 
      ) WITHDRAWAL
BURLINGTON NORTHERN AND   ) AND DISMISSING PETITION
SANTA FE RAILWAY COMPANY,  ) WITHOUT PREJUDICE
      )
   Respondent.  )
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  )

  PROCEEDINGS: This proceeding concerns Skagit County’s petition for an 
alteration to the existing underpass at WUTC Crossing No. 1G94.00U (DOT 
Crossing No. 085104S), at Prairie Road (County Road No. 50000), and for 
apportionment of costs associated with railroad trestle modifications.  
Administrative Law Judge Dennis J. Moss of the Washington Utilities and 
Transportation Commission held a prehearing conference in Olympia, Washington 
on December 11, 1998.  Regular status conferences were held and the Commission 
continued the proceeding at the parties’ request to permit the exchange of 
information and to allow the parties to discuss potential resolution through 
informal means.  On October 4, 1999, Petitioner Skagit County filed a letter to 
confirm its decision to withdraw the petition and attempt to resolve this 
matter through negotiation.

  PARTIES:  Paul H. Reilly, Skagit County Prosecuting Attorney’s Office, Mt. 
Vernon, represents complainant Skagit County.  Mark Mostul, Attorney, Bellevue, 
represents respondent Burlington Northern and Sante Fe Railways.  Robert 
Cedarbaum, Assistant Attorney General, Olympia, represents Commission Staff.  
MEMORANDUM

  On August 3, 1998, Skagit County petitioned the Washington Utilities and 
Transportation Commission with respect to the proposed alteration of the 
Prairie Road (County Road No. 50000) underpass at WUTC Crossing No. 1G94.00U 
(D.O.T. Crossing No. 085104S).  Skagit County asked the Commission to apportion 
costs associated with the proposed railroad trestle modifications.  The 
Commission issued a Notice of Prehearing Conference on November 3, 1999.  
Administrative Law Judge Dennis J. Moss of the Washington Utilities and 
Transportation Commission held a prehearing conference in Olympia, Washington 
on December 11, 1998.  A procedural schedule was established setting May 13, 
1999 as the date for public hearings. Regular status conferences were held and 
the Commission continued the proceeding at the parties’ request on April 30, 
June 17, and August 3, 1999, to permit the exchange of information and to allow 
the parties to discuss potential resolution through informal means.  On October 
4, 1999, Petitioner Skagit County filed a letter to confirm its decision to 
withdraw the petition and attempt to resolve this matter through negotiation.

  The Commission finds it serves the public interest to allow Skagit County to 
withdraw the petition.  The Commission concludes it should dismiss the petition 
without prejudice to its being refiled if the parties cannot achieve resolution 
through informal means.
ORDER

  IT IS ORDERED That Skagit County’s petition is dismissed without prejudice.
  
  DATED at Olympia, Washington, and effective this 25th day of October, 1999.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


      
      DENNIS J. MOSS
      Administrative Law Judge