DOCKET NO.  TR-970849 Page 1


BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


In the Matter of the Petition of   ) 
THE BURLINGTON NORTHERN AND ) DOCKET NO.  TR-970849
SANTA FE RAILWAY COMPANY and )
the NATIONAL RAILROAD    ) ORDER GRANTING IN PART A 
PASSENGER CORPORATION for  ) PETITION TO CHANGE               
Modification of Order Regulating the  )          TRAIN SPEED LIMITS           
Speed of Passenger and Freight Trains  ) 
in Wenatchee, Washington.   )
      ) 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )

  The Burlington Northern & Santa Fe Railway Company (Railroad) and the 
National Railroad Passenger Corporation (Amtrak) request that orders regulating 
the speed of passenger and freight train speeds in Wenatchee, Washington be 
repealed.  In the alternative, the Railroad and Amtrak request that speeds be 
set at the maximum limits allowed by the Federal Railroad Administration (FRA) 
without reference to specific speeds.

  The Railroad owns the tracks involved in this petition.  The Railroad 
operates freight trains on its tracks.  Amtrak operates passenger trains on the 
tracks controlled by the Railroad.  The Railroad sets the actual operating 
speeds for freight trains and the maximum speeds for all trains using its 
tracks.   Amtrak sets the actual operating speeds for passenger trains within 
the maximum limits approved by the Railroad.

  The Commission is authorized to set speed limits for trains within the city 
limits of Wenatchee under RCW 81.48.030 and 81.48.040.  Limits are to be set 
commensurate with the hazards presented and the practical operation of the 
trains.  Federal law limits the Commission’s authority to set speed limits 
lower than those allowed by the FRA to situations in which an essentially local 
safety condition exists, but only if the limits set by the Commission are 
consistent with federal regulations and do not impose an undue burden on 
interstate commerce. The Commission may also limit train speeds at the request 
or agreement of the Railroad and/or Amtrak.

  Eliminating state imposed speed limits is not in the public interest.  It is 
also not in the public interest to issue an order allowing trains to travel at 
the “maximum speeds allowed by FRA” without reference to actual speeds.  
Identifying in the order the actual maximum speeds allowed by FRA (79 mph for 
passenger trains and 60 mph for freight trains) provides notice to the city, 
the public and the Commission of the maximum speeds at which the Railroad 
and/or Amtrak will operate in the city.

  The Commission has previously set train speed limits in the city of Wenatchee 
at 70 mph in all areas of the city except that it is 35 mph between Orondo and 
Chehalis Streets.

  The city and the Railroad have reached an agreement to set train speeds at 50 
mph for passenger trains and 45 mph for freight trains between Mile Posts 
1649.45 and 1652.36. Speed limits in all other areas of the city shall be 79 
mph for passenger trains and 60 mph for freight trains.  Curve geometries 
indicate that a permanent speed restriction of 45 mph for passenger trains and 
40 mph for freight trains is appropriate for Mile Post 1649.3 to 1649.5.

  Commission staff has investigated the conditions in Wenatchee as they relate 
to the proposed speed limits.   The crossings in Wenatchee have appropriate 
signals, gates and activation circuits.  There are no substantial safety 
problems along the tracks related to train speeds as agreed upon.

  City officials and citizens have had substantial opportunity to participate 
in the investigation and the Commission’s process of considering the petition.  
City officials and citizens have not alerted the Commission to any unreasonably 
dangerous conditions as they relate to the proposed speed limits.  The 
investigation discloses that operation of passenger trains and freight trains 
at the proposed speed limits in the city of Wenatchee will not create a safety 
hazard under current conditions if the Railroad and Amtrak comply with FRA 
restrictions and their own internal standards.  The investigation also reveals 
that the speed limits agreed upon by the parties are needed to maintain 
operational efficiency and the capacity to move substantial amounts of freight.

  The proposed permanent speed restrictions are more than 10 mph less than the 
maximum possible speeds.  The Commission and city should be notified when 
Amtrak or the Railroad intend to operate  trains through the specified area at 
speeds greater than 10 mph above the proposed permanent speed restrictions.  
Such advance notification will give the Commission an opportunity to 
investigate potential safety conditions.  Thirty days is sufficient notice to 
allow such investigation and does not impose an undue burden on the Railroad, 
Amtrak or interstate commerce. 

  The Commissioners, having reviewed the petition and being fully advised in 
the matter, believe that denying the petition in part, and granting in modified 
form the request for speed limits at those allowed by the FRA, is in the public 
interest.

       O R D E R

  WHEREFORE, IT IS HEREBY ORDERED that the petition of the Railroad and Amtrak 
to rescind all orders setting train speeds in the city of Wenatchee shall be, 
and the same is hereby, denied.

  IT IS FURTHER ORDERED that the petition of the Railroad and Amtrak to set the 
train speed limits in the city of Wenatchee at those allowed by the Federal 
Railroad Administration shall be, and the same is hereby, granted in modified 
form as follows:

   a.  The maximum passenger train speed shall be 79 mph except as set forth in 
c.

  b.  The maximum freight train speed shall be 60 mph except as set forth in c.

  c.  The maximum passenger train speed shall be 50 mph and the maximum freight 
train speed shall be 45 mph between railroad Mile Posts 1649.45 and 1652.36.

  d.   Amtrak (for passenger trains) and the Railroad (for freight trains) 
shall notify the Commission and the city 30 days prior to increasing train 
speeds more than 10 mph above the internal permanent speed restrictions 
referenced above.  The notice shall include the proposed speed, the estimated 
date on which the speed will be increased, and the change in circumstances 
which allows the increased speed.  This is a notice requirement only and shall 
not limit the ability of the Railroad and/or Amtrak to increase speeds up to 
the maximums set forth above.


 DATED at Olympia, Washington, and effective this 24th day of September 1997.



  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



      RICHARD HEMSTAD, Commissioner



      WILLIAM R. GILLIS, Commissioner