PUBLIC NOTICE OF HEARING ON ARIZONA DEPARTMENT OF TRANSPORTATION'S APPLICATION FOR APPROVAL TO REMOVE AND REPLACE AN EXISTING GRADE SEPARATED STRUCTURE ON US 191. CROSSINGDOT#741395U RRMP1065.363 LORDSBURG SUBDIVISION COCIDSE COUNTY, ARIZONA. (DOCKET NO. RR-03639A-23-0263)
On September 28, 2023, the Arizona Department of Transportation ("ADOT") filed an application with the Arizona Corporation Commission ("Commission ") for approval to remove and replace an existing grade separated structure on US 191, which crosses the Union Pacific Railroad ("Railroad") Crossing DOT #741395U RRMP1065.363 Lordsburg Subdivision in Cochise County, Arizona.
THE COMMISSION IS NOT BOUND BY THE PROPOSALS OF ADOT, STAFF, OR ANY INTERVENORS. THE COMMISSION WILL DETERMINE THE APPROPRIATE RELIEF TO BE GRANTED IN RESPONSE TO ADOT'S APPLICATION BASED ON THEEVIDENCE PRESENTED IN THIS MATTER.
How You Can View or Obtain a Copy of the Application
Copies of the Application are available from ADOT [INSERT HOW AND WHERE AVAILABLE; at the Commission's Docket Control Center at 1200 West Washington Street, Phoenix, Arizona, and the Commission's office at 400 West Congress Street, Suite 218, Tucson, Arizona, during re-gular business hours; and on the Commission website (www.azcc.gov) using thee-Docket function and the Docket Number showed above.
Arizona Corporation Commission Public Hearing Information
The Commission will hold a hearing on this matter beginning January 16, 2024, at 10:00 a.m., at the Commission's Tucson offices, Room 222,400 West Congress Street,
Tucson, Arizona 85701.
A public comment meeting will be held at the beginning of the first day of hearing, and comment may be provided in person or telephonically. To provide telephonic public Comments call 1-877-309-3457 and enter passcode 24601833204##.
Written public comments may be submitted by mailing a letter referencing Docket No. RR-03639A-23-0263 to Arizona Corporation Commission, Consumer Services Section, 1200 West Washington, Phoenix, AZ 85007, or by submitting comments on the Commission's website (www.azcc.gov) using "Cases and Open Meetings" and "Make a Public Comment in a Docket." If you require assistance, you may contact the Consumer Services Section at 602-542-425l or 1-800-222-7000.
If you do not intervene in this proceeding, you will receive no further notice of the Proceedings in this docket unless you sign up to Follow the Docket. However, all documents filed in this docket are available online (usually within 24 hours after docketing) at the Commission's website (www.azcc.gov) using thee-Docket function.
Information on how to follow a Docket is available on the Commission's website by clicking on "Cases and Open Meetings" and "Follow a Docket or Document Type."
The law provides for an open public hearing at which, under appropriate circumstances, interested persons may intervene. An interested person may be granted intervention if the outcome of the case will directly and substantially impact the person, and the person's intervention will not unduly broaden the issues in the case. Intervention, among other things, entitles a party to present sworn evidence at hearing and to cross examine other parties' witnesses. Intervention is not required for you to appear at the hearing and provide public comment, to file written comments in the record of the case, or to receive emailed notice of each filing made in the case by following the docket.
Information about what intervention means, including an explanation of the rights and responsibilities of an intervenor, is available on the Commission's website
(www.azcc.gov) by clicking on "Cases and Open Meetings" and then checking on "Intervene in a Case." The information includes a Sample Intervention Request and a
Fillable Intervention Request Form
To request intervention, you must file a written request to intervene, either (a) by filing a hard copy request (meeting filing requirements) with Docket Control (Docket Control, 1200 West Washington, Phoenix, AZ 85007), or (b) by eFiling the request. Your request Must be turned or eFiled no later than December 15, 2023. Instructions and restrictions for eFiling are available on the Commission's website at http://azcc.gov/hearing/efile
For-utilities-instruction. You also must serve a copy of the request to intervene on each party of record, on the same day that you file the request to intervene with the Commission.
Your request to intervene must contain the information below:
1. Your name, address, and telephone number;
2. The docket number for the case in which you are requesting to intervene;
3. A short statement explaining:
Your interest in the proceeding (e.g., a customer of the regulated company
Involved, a property owner in an area to be affected by the case, etc.),
b. How you will be directly and substantially affected by the outcome of the case,
c. Why your intervention will not unduly broaden the issues in the case;
4. A statement certifying that you have sent a copy of your request to intervene to the
Regulated company or its attorney and to all other parties of record in the case; and
5. Lf you are not represented by an attorney who is an active member of the Arizona State
Bar, and you are not representing yourself as an individual, sufficient intonation and any appropriate documentation to demonstrate compliance with Arizona Supreme
Court Rules 31.1, 31.2, 31.3, 38, 39 and 42, as applicable. This only applies if you
are NOT representing yourself and you are not a Licensed attorney. The granting of motions to intervene shall be governed by A.A.C. Rl4-3-105, except that all motions to intervene must be filed on or before December 15, 2023.
ADA/Equal Access Information
The Commission does not discriminate on the basis of disability in admission to its public meetings. Persons with a disability may request a reasonable accommodation such as a sign language interpreter, as well as request this document in an alternative format, by contacting the ADA Coordinator, Car'olyn Buck, E-mail [email protected], voice phone number 602-542-2247. Requests should be made as early as possible as and no later than 48 hours in advance of the event to allow time to arrange the accommodation.