Northwestern Pacific Railroad Network

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I copied and pasted this directly from a trainorders page. 

Jacob Park, Vice President of the Northwestern Pacific Railroad Co. has released the following letter, sent to National, State and Local officials, including the MTC, stating that despite repeated meetings, SMART is damaging the railroads authority under the STB is gain and establish service to existing and future customers. At the center of the controversy is the the removal of spurs and the building of gauntlet tracks. Here is letter that was sent on Friday: July 4, 2014 

NORTHWESTERN PACIFIC RAILROAD COMPANY 

Mr. Steve Heminger Executive Director Metropolitan Transportation Commission Joseph P. Bort Metro Center 101 8th Street Oakland, CA 94607-4700 
Re: 1. Damaging Effects of SMART on Freight Rail Service and Local Businesses 2. Freight Rail Benefit to the Local Economy and Environment 

Dear Mr. Heminger, 
My name is Jacob Park, and I am the Vice President of the Northwestern Pacific Railroad (NWP). I am writing to notify you of past and proposed actions taken by the Sonoma Marin Area Rail Transit (SMART) that are hurting local businesses, obstructing NWP’s rightful use of the railroad, and are in direct conflict with the Metropolitan Transportation Commission’s (MTC) goal of promoting efficient and shared use of rail lines for commuter and freight services. I ask for your help in addressing these critical issues so that both freight and passenger rail service may be equally productive and viable. The success of freight rail service is of enormous importance, particularly because of its impact on local businesses and the environment. 
Background: The NWP is the Surface Transportation Board certified railroad providing common carrier freight service under contract with the North Coast Railroad Authority (NCRA). State and federal taxpayers have provided $68 million to re-open the railroad for freight service. The NWP has been providing freight rail service to Sonoma and Marin County businesses since July 2011 thanks to these funds. 
SMART owns the section of rail line on which NWP operates, between the connection with the California Northern Railroad near American Canyon (Brazos Junction) to Novato, and the north-south line between Healdsburg and Novato. The NCRA owns the perpetual freight easement between Brazos Junction and Healdsburg. 
Issue: SMART is currently building a commuter railroad along the portion of right-of- way shared with the NWP between Novato and Windsor. Although this is a shared right- of-way, SMART’s historical actions (please see attached San Jose Mercury News article, 2008) as well as planned construction fail to accommodate the needs of freight rail. SMART has limited capital and a promise to Sonoma and Marin County residents to build a commuter train between Cloverdale and Larkspur, however the commuter service needs not result in the sacrifice of freight rail, a service that these same Sonoma and Marin County taxpayers want and depend upon. Freight rail and passenger rail are not mutually exclusive. This letter details three critical points: 
250 Cambridge Avenue • Suite 104 • Palo Alto, CA 94306-1554 • (650) 289-9850 • FAX (650) 289-9856 


1. SMART’S ACTIONS ARE HURTING LOCAL BUSINESSES 
SMART has (a) removed customer turnouts, (b) removed passing sidings and yard tracks, and (c) built 15-mph gauntlet track, all of which obstruct and hinder NWP’s obligation to provide common carrier freight service, thus eliminating businesses option to ship by rail. 
(a) Customer turnouts are not only vital, but they are the rightful property of each industry and property owner and were in place prior to SMART’s construction. SMART is ripping out the turnouts and subsequently requiring each property or the NWP to pay $400,000 to replace the turnouts. This is equivalent to a city repaving a major road while removing all the driveways, then requiring payment from each homeowner to re-install the driveway. 
A few specific examples of local businesses negatively impacted by SMART’s infrastructural changes include: 
Lagunitas Brewing Company is one of the largest businesses in Petaluma and the North Bay, as well as one of the fastest growing breweries in the country. High volume utilization of their turnout through inbound rail shipments would include malted barley, wheat, and bottles. Outbound shipments would include bottled beer and kegs. Additionally, this busy turnout would be shared by another industry, Adobe Creek Wine and Storage, which offers shipping and storing of wine and other alcohol products. Adobe Creek’s customers include a number of local wine makers, who requested access to the freight spur located on Adobe Creek’s property. This request was impossible, however, due to the fact that the rail turnout serving both Lagunitas and Adobe Creek was removed by SMART, and subsequently not replaced. SMART informed the industries that the cost to rebuild the turnout would be the industries’ responsibility. 
California Shingle & Shake Company (CSS) is another business along the corridor that has had its turnout taken away by SMART. With the recent economic growth and increased construction in the North Bay, demand for roofing products is on the rise. CSS has requested that their turnout be rebuilt, allowing them to ship by rail and serve the public with quality roofing products, in addition to lowering their costs as well as their emissions. CSS was a customer of the railroad prior to the shut down of the railroad in 1999 and would like to be again. 
Several additional properties along the corridor have had their rail option severed, as shown by the attached article from the Press Democrat (2014). SMART is blocking NWP’s ability to provide dependable and efficient freight rail service to businesses and property owners along the shared corridor, and denying taxpayers’ access to the national rail system, a public benefit on a publicly owned right-of-way. These actions by SMART demonstrate SMART’s disregard for industry and property owners’ rights to freight rail service. As a public agency, SMART has failed to serve the people they are mandated, and funded, to serve. 
2
  
NORTHWESTERN PACIFIC RAILROAD COMPANY 

 NWP requests that the MTC require SMART to (i) replace and finance all turnouts removed by SMART, and (ii) discuss and agree upon any proposed turnout removals with customers, property owners, and NWP prior to turnout removal. 
(b) Passing sidings are critical to the efficient operation of both passenger and freight rail. They allow for trains to meet and pass each other on a single-track railroad. SMART has rebuilt the Santa Rosa siding with a high-level passenger platform between the main track and siding, which prevents freight trains from accessing the passing siding. With the Santa Rosa siding eliminated for freight use, the two nearest sidings are located 20 miles apart in Petaluma and Windsor. This distance will virtually eliminate the option of running a freight train between Windsor and Petaluma during daylight hours, thus increasing the operating costs of the NWP and costs to consumers. 
For over 100 years, the Petaluma Yard has been used by the railroad. This yard is crucial to the NWP, strategically located in Petaluma with close proximity to the majority of freight rail users on the line today. SMART intends to eliminate the Petaluma Yard and convert it to strictly a passing siding. SMART has slated all adjacent yard tracks for removal as well. These actions will effectively cripple the NWP, forcing freight yard work to more distant locations, resulting in increased costs to both NWP and consumers. 
NWP requests that the MTC require SMART to finance and build alternatives to both the Santa Rosa and Petaluma Sidings. SMART implemented these changes without considering the needs of freight. 
(c) Gauntlet tracks create a financial and environmental burden to local citizens, businesses, and the railroad. The design of the SMART-built gauntlet tracks is faulty, resulting in increased freight costs, slower delivery times, bringing harm to freight trains, communities, and the environment. NWP objected to the now-built-gauntlet tracks long before any were constructed (please refer to the attached letter from NWP addressed to SMART, September 7, 2012). In the United States, four independent rail systems utilize gauntlet tracks. Three of these systems implemented correctly designed gauntlet tracks to accommodate high-level boarding station platforms, allowing the coexistence of passenger and freight trains. However, as the fourth rail system, SMART has incorporated a flawed design, being the only system requiring freight trains to utilize the gauntlet track. Currently SMART has installed four gauntlet tracks with plans to build two more. These SMART-designed gauntlet tracks restrict freight train speeds to 15-mph, although maximum authorized speed of freight trains within the joint corridor will be 45-mph. Therefore, for every station along the line, with the exception of Petaluma, the freight train must slow to 15-mph. This is problematic, because as freight trains grow in length and frequency, slowed velocities translate into longer wait times for the public at crossings, increased emissions due to cars idling for longer intervals at crossings, as well as freight trains decreasing and increasing speed repeatedly and needlessly throughout the system. It equates to a permanent slow down of the main line where all trains will have to slow or stop for every station along the corridor. Should SMART desire express trains in the future, every train will be required to slow to 15-mph to pass. Additionally, these as-built gauntlet tracks will prevent any Amtrak Capital Corridor train from serving the majority of stations along the line, as well as limiting California’s ability to interconnect with the state’s rail network. These crippling flaws were preventable, yet attempts by the NWP to communicate and collaborate were dismissed by SMART. 
NWP requests that the MTC require SMART to either (i) increase the length of the gauntlet tracks, therefore allowing freight train speeds of at least 45-mph, (ii) require SMART trains rather than freight trains to utilize the gauntlet tracks, since SMART trains are already required to stop, or (iii) eliminate gauntlet tracks all together. 
NWP’s continuous efforts over the last three years to establish an open, professional dialogue have proven futile. What we had hoped to be a partnership has unfortunately become a dictatorship. NWP continues to be willing and ready to collaborate with SMART to forge a mutually productive plan for shared freight and commuter rail. 
2. FREIGHT RAIL, THE ENVIRONMENT, AND THE ECONOMY 
The environmental benefits of freight rail are tremendous. The American Association of Railroads (AAR) cites that one-gallon of fuel moves one-ton of freight 473 miles. A single rail car hauls the equivalent amount of freight as four truckloads. Railroads are four times more fuel-efficient than trucking, therefore lowering California’s carbon footprint, greenhouse gas emissions, cost to businesses, price to consumers, damage to roads, and demand for oil. 
Were Lagunitas Brewing Company, CSS, and Adobe Creek Wine and Storage able to regain use of their turnouts, Bay Area roads would benefit from a reduction in truck traffic between an estimated 600-800 trucks per month based on current volumes to their respective businesses. This equates to immediate congestion relief and a reduction in greenhouse gases for the Bay Area. 
Rail transportation has established its record for environmental and safety measures compared to road, generating less air pollution per ton-mile than trucking. The American Association of State Highway and Transportation Officials (AASHTO) Freight-Rail Bottom Line Report (2000) summarized that “freight rail is critical to the freight transportation system, the competitiveness of many industries, and the economies of most states.” The objective of this 140-page report is to evaluate the influence of freight rail transportation on the national economy, the need for investment in freight rail, the risks of delayed action, and the capacity of freight rail to parallel our nation’s projected economic growth over the next 20 years. An excerpt from the Bottom Line Report’s Executive Summary is the following: 
“Freight rail provides shippers with cost-effective transportation, especially for heavy and bulky commodities, and can be a critical factor in retaining and attracting industries that are central to state and regional economies. If all freight-rail were shifted to trucks tomorrow, it would cost current rail shippers an additional $69 billion this year alone — or $1.4 trillion over the next 20 years — causing significant changes in business and consumer costs.” 

A recent news release (April 2014) from AASHTO warns that, “transportation interests remain concerned about the impacts to the nation's surface transportation infrastructure if the federal Highway Trust Fund becomes insolvent, as projected, this summer”, and that the freight rail system offers a solution for highway cost savings. 
In conclusion, on behalf of local businesses, taxpayers, and freight rail users, the NWP requests that any current and future funding allocated to SMART include clear conditions designed such that both freight rail and passenger rail may flourish equally and concurrently. The benefits of a strong freight-rail system have been realized since the 19th century. Now and into the future, the success and efficiency of both freight and passenger rail are of paramount importance to the local and global community. 
We look forward to working together. Thank you. Sincerely, 
Jacob Park Vice President Northwestern Pacific Railroad 
Enclosures (3): 1. San Jose Mercury News article (2008) 2. Press Democrat article (2014) 
CC: 
5
  
3. NWP letter to SMART (2012) 
North Coast Railroad Authority Board of Directors Sonoma Marin Area Rail Transit Board of Directors Friends of SMART Sonoma County Transportation Authority, Suzanne Smith City of Petaluma, John C. Brown 
City of Rohnert Park, Darrin Jenkins City of Santa Rosa, Kathleen A. Millison Town of Windsor, Linda Kelly California State Assembly, Marc Levine California State Senate, Senator Noreen Evans United States Congressman, Jared Huffman United States Senate, Senator Dianne Feinstein Press Democrat, Matt Brown 

The photo shows the gauntlet tracks through Cotati. (Mike Pechner Photo.)

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I really don't believe in lawsuits... but I think the NCRA/NWP/Customers should do a class action lawsuit against SMART, demanding the changes.  NWP/NCRA seems to be the rational ones in this situation...

They have been the rational ones, they have been more than willing to work with SMART, but SMART doesn't want to be, they want to snap their fingers and have NWP magically disappear, but since they can't do that they are basically trying to slowly choke the life out of the NWP by denying spurs and removing track the NWP needs in order to do business. SMART's additive come from when Lillian James was in charge, she wanted NWP gone so she could build a light rail system, so she went around at SMART and turned everyone against freight, including Tom Madoff (who is the one responsible for the gauntles). While Lillian may be gone, the attitudes and her disciples remain.

Since SMART is ripping out all of the old track and replacing it with new rail, ties, ballast, etc. is a lawsuit really that necessary since it would increase money spent on legal expenses that would be better spent on getting the system up and running, or using terms like dictatorship?

Well its about time, Thank god the NWP finally found their balls! it's unfortunate that this is what it takes to get SMART's attention. Maybe we won't need to waste anymore of the taxpayers money. I fail to see what SMART thinks being arrogant and disrespectful towards the NWP and their customers is suppose to accomplish. 

They found their balls a long time ago, they have just been really restraining themselves (you can catch more flies with honey than vinager), but since being reasonable hasn't worked, the NWP is finally getting tough

I'm not familiar with law regarding transportation, but it seems likely that SMART, being the owner, is in their right to make these changes barring any prior stipulations between both railroads, or rules/ procedures from state or federal law on how to proceed when one railroad removes spurs from a leasor.  I imagine notification would be required at the least.  I worry that if NWP ends up in litigation it's cash flow will be absorbed in the all-to-costly back-n-forth.

I wonder why SMART received ownership of a portion of the line.  It seems that would put NWP at a disadvantage strategically.  I feel that most commuter traffic operate over freight lines nationally.  Maybe it was the only way funds would reach the railroad, and all hope was placed in this?

One has to dig deep into the dark days of the NCR to get an idea of how everything was cut up. Needless to say, NCRA was left with nearly nothing but liabilities on the North end, and Golden Gate Transit / local politicians got the remaining sections in Sonoma and Marin.

The big point of the matter is that the State gave $68 Million to resume freight service... not commuter service. That in its self makes SMART liable if they limit freight. NCRA/NWP warned SMART, they didn't listen.  If I was a customer that had my spur closed I would request it be installed.  I don't think NCRA should sue, but if the customers and NWP do, I think they should jump on the band wagon.

As for the gantlet tracks, I think the first time there is a derailment and SMART is closed for repairs/rerailing, they may change their tune, but they would probably try to make NCRA/NWP reverse the gantlets :/  

SMART is being ran by people that don't know what they are doing, and placing contracts with companies that don't know what they are doing...

Here is an article that states they don't know what they are doing:

http://www.pressdemocrat.com/article/20140705/articles/140709791

When I worked on the sprinter project, we used a system/platform that didn't require gauntlet tracks...

I may be going out on a limb here, but it's sounding like the NWP will be in Willits before SMART turns a wheel in profit?

Just speculation, but I believe the gauntlets were put in to hurt freight and lock out any other passenger service, like amtrak, has has expressed interest in using the line, and NWP. (which in itself is a violation because NCRA/NWP has the right to run exclusion service)

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