Railway fight to before Oklahoma regulatory judge

 

Oral arguments will be heard Wednesday before an Oklahoma Corporation Commission Administrative Law Judge in the efforts of the city of Moore to force the Burlington Northern Santa Fe railway to pay for an underpass.

The Corporation Commission will hold a special meeting at 10:30 a.m. but because of the COVID-19 pandemic, there will be restricted access to the Jim Thorpe headquarters. It will be a virtual hearing by the ALJ and Corporation Commissioners might attend in person or remotely. but the announcement of the hearing stated that no vote or other Commission action is anticipated.

The city of Moore launched the effort three years ago after the existing crossing on SE 4 street resulted sometimes in delayed automobile traffic as a result of stalled train traffic. The city contends that 18,000 vehicles a day use the crossing while up to 30 BNSF freight trains a day pass through Moore in addition to the Amtrak Heartland Flyer on two occasions a day.

The city had originally intended to use federal funds to design an underpass but now wants the Corporation Commission to force the railway to pay for the project. Moore filed a motion earlier in the year with the regulatory agency but BNSF is fighting it.

As OK Energy Today reported last month, the arguments will be heard as the railway company’s 2019 lawsuit over crossings in Oklahoma is still in Oklahoma City Federal court. The suit was filed against the cities of Edmond and Davis where fines were levied against the railway for blocked crossings and against all three corporation commissioners.

Source: OCC