For Immediate Release
PSC to Open Formal Complaint in Hall County
Blocked Railroad Crossing Investigation
Lincoln, June 30, 2020 – The Nebraska Public Service
Commission on Tuesday, June 30, issued an Order
releasing its findings and closing the investigation
into the blocking of railroad crossings in Hall County
(PI-228) and directed the PSC Transportation
Department to file a formal complaint against
Burlington Northern Santa Fe (BNSF) Railroad,
Nebraska Central Railroad (NCRR) and Union Pacific
Railroad (UPRR).
The formal complaint follows an investigation by the
Commissions’ Transportation Department and a
February 5, Commission hearing held in Grand Island,
Hall County, in which Commissioners heard several
hours of testimony from both concerned citizens and
railroad representatives.
“We heard very compelling testimony from citizens
whose daily lives are greatly affected and in some
instances safety is jeopardized by the blocking of these
railroad crossings,” said Commission Chair Mary Ridder.
“While the railroads disputed many of the allegations,
they were unable to produce data to support their
position.”
Following the hearing, BNSF was afforded the opportunity
to provide data to the Commission related to particular
dates and times of observed blockages which they did not
agree with. The Commission was later notified by BNSF that
it does not keep daily train stoppage data and any attempt
to reconstruct such data would be too burdensome.
The Commission had hoped that the three railroads could
reach a solution to the blocked crossings. However, the
parties could not reach an agreement.
Commissioner Ridder said, “Without a resolution by the
parties involved, we are left with no other option than to
make our decision based upon the evidence and testimony
presented to us and proceed with filing a formal complaint.”
A formal complaint for violation of Commission Rule 002.09D
will be drafted by the PSC Transportation Department and
sent to BNSF, NCRR and UPRR. Upon receipt of the formal
complaint the parties will have 20 days to respond to the
PSC before any additional proceedings are determined. ###
Contact:
Deb Collins- Media & Communications Mgr.
(402) 471-0226
deb.collins@nebraska.gov
