Public Comment & Hearing - RR-02635B-26-0028 - Burlington Northern & Santa Fe Railway Company

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Arizona Corporation Commission 40 min 8 agenda items transcribed 3 days ago official recording ↗
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What is the purpose of this public comment and evidentiary hearing?

Donna Sansone 0:00
We're going to get started. Let's go on the record. Good morning. This is the time set for the public comment and evidentiary hearing in the matter of the application of the Arizona Department of Transportation, or ADOT, for approval to install a new grade-separated crossing over the tracks of the Burlington Northern Santa Fe Railroad at Rail Mile 0132. as part of roadway extensions to the United States Highway 93 or US 93. This is docket number RR-02635B-26-0028. My name is Jonna Sansone, and I am the administrative law judge assigned to preside over this matter in today's hearing. Now I'm going to start by taking appearances. As previously noted before we got started, we do not have a court reporter present today.
Donna Sansone 1:04
So when we take appearances, if you wouldn't mind spelling any less common first names, but specifically last names, so that the court reporter has a record of that. So I'm going to start with the applicant ADOT.
Nicole Morgan 1:21
Good morning, Your Honor. Nicole Morgan, M-O-R-G-A-N, from the Arizona Attorney General's Office. And also I have with me my ADOT representative, Saeed Hani S-A-Y-E-E-D is the first name. Hani H-A-N-I is the last name.
Donna Sansone 1:41
Thank you so much. And for the respondent, B-N-S-F Railway. I believe Mr. Cox, are you here on behalf of the railroad or are you here on behalf of staff?
Ben Calleros 1:56
He's here on behalf of
Donna Sansone 1:57
staff, Your Honor. So it appears the railroad has not appeared today. They had filed a notice of appearance, but it looks like they will not be joining us at this time. So let's move on to staff then.
Ben Calleros 2:14
Good morning, Your Honor. Ben Calleros here on behalf of the Commission, Office of General Counsel. My last name is spelled C-A-L-L-E-R-O-S. And with me on WebEx is Safety Division. From the Safety Division is Mr. Jeffrey Cox, last name C-O-X.
Donna Sansone 2:38
All
Ben Calleros 2:38
right.
Donna Sansone 2:39
Thank
Ben Calleros 2:39
you.
Donna Sansone 2:39
Now, I was just told by our tech assistant that the WebEx link for today's hearing was not sent to the railroad by mistake. So that explains the absence. So I think while our tech support is getting that link over, we're going to take a brief recess so that we can get him on the line and then we'll proceed from there.
Donna Sansone 7:46
Alright, it appears that we have Mr. Thorpe on the line with us now. Mr. Thorpe, can you hear me?
William Thorpe 8:14
Yes,
Donna Sansone 8:14
I
William Thorpe 8:14
can, thank you. Bill Torp on behalf of BNSF Railway Company. I'm still waiting for Rayford Nichols of BNSF, and I know he's trying to get on.
Donna Sansone 8:24
Okay, all right. So we'll continue our recess then. We're in recess right now to ensure that Mr. Nichols can join us.
William Thorpe 8:34
Yeah, and I'll reach out to him again to make sure. Thank you.
Donna Sansone 8:37
All right, thank you so much.
William Thorpe 8:52
Yes, I can.
Donna Sansone 12:38
All right. Appears that we now have a call in user one. Mr. Thorpe, would that be your witness?
William Thorpe 12:46
Yes, I understand he's calling in.
Donna Sansone 12:48
Okay. And that
William Thorpe 12:49
would... That's right, for Nichols of
Donna Sansone 12:51
BNSF. All right. And Mr. Nichols, can you hear us?
Ben Calleros 12:57
Can you
Donna Sansone 12:59
hear me? Mr. Nichols?
Ben Calleros 13:00
Yes, I can hear you.

Who are the parties appearing and what roles do they represent?

Donna Sansone 13:03
All right. All right. Excellent. Now that we have everyone on the line, let's go back on the record at this time. Just so Mr. Thorpe and his witness are aware, I did already open the hearing, just provide what the matter is about, the docket number, and then my name. My name is Donna Sansone, and I'm the administrative law judge, though the bench may say I believe Elizabeth Beatty. I think that's from a prior hearing. We've already taken the appearances of the applicant and for staff, but it does appear that we have an extra individual in the hearing room, so I'll have Ms. Morgan briefly go on the record or state the appearance of our additional participant, and then we will move on to the respondent and have them note their appearance.
Nicole Morgan 13:58
Thank you, Your Honor. Also, Isaac Gilbert of the Arizona Attorney General's Office is present.
Donna Sansone 14:03
All right, thank you. Now, Mr. Thorpe, just so you are aware, we do not have a court reporter with us today. We were unable to secure one. We do have these proceedings being recorded right now. They will transcribe after the fact from the recording. So when you are noting your appearance and the appearance of your witness, if you wouldn't mind spelling any less common first names and then spelling your last name for the record, it would be appreciated.

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