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Formal ComplaintBefore the Surface Transportation Board

NOR 42088

WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY

Caption from the Board’s record. Sub-dockets, included below: NOR 42088 (Sub-No. 1)

101 filings, 37 decisions and 0 environmental comments observed here; last checked 10 Oct 2026, 22:36 UTC; last new entry 26 Aug 2026, 15:42 UTC.

Entries

By type (17)
Newest first · oldest first
  1. Decision
    44510Entire Board
    DECISION GRANTED A JOINT PETITION TO VACATE THE RATE PRESCRIPTION, DISMISS THE COMPLAINT WITH PREJUDICE, AND DISCONTINUE THE PROCEEDING.
  2. Motion
    238400Motion/Petition/Request
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc., Bnsf Railway Company
  3. Decision
    44280Director Of Proceedings
    DECISION GRANTED A JOINT PETITION TO HOLD THIS PROCEEDING IN ABEYANCE.
  4. Motion
    237635Motion/Petition/Request
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  5. Reply
    236918Reply
    Bnsf Railway Company
  6. Reply
    236796Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  7. Reply
    236710Reply
    Bnsf Railway Company
  8. Decision
    43899Director Of Proceedings
    DECISION GRANTED WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE, INC.'S PETITION FOR LEAVE TO FILE COMMENTS ON REMAND.
  9. Reply
    236259Reply
    Bnsf Railway Company
  10. Motion
    236204Motion/Petition/Request
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  11. Comments
    236200Comment
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  12. Report
    235790Status Report
    Bnsf Railway Company, Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  13. Decision
    43401Director Of Proceedings
    DECISION GRANTED THE PARTIES' REQUEST TO EXTEND THE MEET-AND-CONFER TIME DEADLINE IN THIS PROCEEDING.
  14. Request
    234868Request For Extension Of Time
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc., Bnsf Railway Company
  15. Decision
    42913Entire Board
    DECISION DIRECTED PARTIES TO CONFER AND PROPOSE A SUITABLE MECHANISM TO ADJUST THE CURRENT RATE PRESCRIPTION TO HOLD THE PLAINTIFFS HARMLESS FROM THE REVALUATION OF THE DEFENDANT'S RAILROAD ASSETS.
  16. Decision
    42552Director Of Proceedings
    PROVIDED NOTICE THAT A COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.
  17. Decision
    42453Entire Board
    DECISION EXPLAINS WHY THE MODIFIED AVERAGE TOTAL COST METHODOLOGY WAS APPLIED IN AN EARLIER DECISION AND DISCONTINUED THIS PROCEEDING.
  18. Decision
    42167Entire Board
    DECISION: (1) FOUND THAT CHANGED CIRCUMSTANCES JUSTIFIED REOPENING THIS PROCEEDING; (2) TEMPORARILY LIFTED THE PRESCRIPTIVE EFFECT OF THE RATE PRESCRIPTIONS IN THIS CASE; AND (3) HELD THIS PROCEEDING IN ABEYANCE, EXCEPT AS TO AN ISSUE BEFORE THE BOARD ON REMAND, PENDING FINAL RESOLUTION OF THE ISSUES IN DOCKET NO. FD 35506.
  19. Reply
    231512Reply · in NOR 42088 (Sub-No. 1)
    Bnsf Railway Company
  20. Reply
    231511Reply
    Bnsf Railway Company
  21. Reply
    231492Reply · in NOR 42088 (Sub-No. 1)
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  22. Reply
    231491Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  23. Reply
    229400Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  24. Motion
    229122Motion To Strike
    Bnsf Railway Company
  25. Reply
    229014Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  26. Decision
    41329Entire Board
    DECISION DENIED WESTERN FUELS ASSOCIATION, INC.'S AND BASIN ELECTRIC POWER COOPERATIVE'S MOTION TO STRIKE BNSF RAILWAY COMPANY'S COMMENTS ON REMAND.
  27. Reply
    228379Reply
    Bnsf Railway Company
  28. Motion
    228339Motion To Strike
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  29. Errata
    228312Errata Sheet
    Bnsf Railway Company
  30. Comments
    228291Comment
    Bnsf Railway Company
  31. Notice
    226018Notice · in NOR 42088 (Sub-No. 1)
    Bnsf Railway Company
  32. Decision
    40315Commissioner · in NOR 42088 (Sub-No. 1)
    DECISION ORDERS BNSF RAILWAY COMPANY TO PAY REPARATIONS DIRECTED IN THIS PROCEEDING.
  33. Motion
    225768Motion/Petition/Request · in NOR 42088 (Sub-No. 1)
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  34. Motion
    225767Motion/Petition/Request
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  35. Notice
    225607Notice · in NOR 42088 (Sub-No. 1)
    Bnsf Railway Company
  36. Decision
    40053Entire Board · in NOR 42088 (Sub-No. 1)
    DECISION FOUND THAT BNSF RAILWAY COMPANY (BNSF) HAS NOT ESTABLISHED TRANSPORTATION RATES IN ACCORDANCE WITH THE RATE PRESCRIPTION IN STB DOCKET NO. 42088 AND THEREFORE ORDERED BNSF TO ESTABLISH MAXIMUM LAWFUL RATES IN ACCORDANCE WITH THE METHODOLOGY DESCRIBED IN OKLAHOMA GAS & ELEC. V. UNION PACIFIC R.R., STB DOCKET NO. 42111 (STB SERVED JULY 24, 2009).
  37. Decision
    39957Entire Board
    DECISION CORRECTED TECHNICAL AND COMPUTATIONAL ERRORS IN THE FEBRUARY 18, 2009 DECISION IN THIS PROCEEDING.
  38. Comments
    225180Comment
    Lincoln Electric System, Heartland Consumers Power District, Basin Electric Power Cooperative, Inc., Tri-State Generation And Transmission Association, Inc., Wyoming Municipal Power Agency, Missouri River Energy Services
  39. Reply
    225007Reply
    Bnsf Railway Company
  40. Motion
    224926Motion To Strike
    Western Fuels Association Inc
  41. Reply
    224894Reply
    Bnsf Railway Company
  42. Letter
    224827Letter/Telegram
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  43. Letter
    224824Letter
    Bnsf Railway Company
  44. Reply
    224818Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  45. Letter
    224723Letter/Telegram
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  46. Report
    224712Status Report
    Bnsf Railway Company
  47. Decision
    39804Secretary
    PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.
  48. Motion
    224656Petition
    Bnsf Railway Company, Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  49. Decision
    39796Secretary
    DECISION DENIED BNSF RAILWAY COMPANY'S REQUEST TO FILE A PETITION FOR STAY PENDING JUDICIAL REVIEW IN THIS PROCEEDING, BUT GRANTED A MORE LIMITED, ONE-DAY EXTENSION UNTIL MARCH 11, 2009.
  50. Reply
    224640Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  51. Request
    224637Request For Extension Of Time
    Bnsf Railway Company
  52. Decision
    39709Entire Board
    DECISION FOUND THAT BNSF RAILWAY COMPANY HAS MARKET DOMINANCE OVER THE TRANSPORTATION AT ISSUE AND THAT THE CHALLENGED RATES ARE UNREASONABLY HIGH. MAXIMUM REASONABLE RATES ARE PRESCRIBED AND REPARATIONS ARE ORDERED IN THIS PROCEEDING.
  53. Reply
    223665Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  54. Motion
    223530Motion To Strike
    Bnsf Railway Company
  55. Exhibit
    223292Exhibit(s)
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  56. Rebuttal
    223290Rebuttal
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  57. Decision
    39262Secretary
    DECISION GRANTED WESTERN FUELS ASSOCIATIONS, INC. AND BASIN ELECTRIC POWER COOPERATIVE'S REQUESTS THAT THE DUE DATE FOR FILING ITS THIRD SUPPLEMENTAL REBUTTAL EVIDENCE IN THIS PROCEEDING BE EXTENDED TO AUGUST 15, 2008.
  58. Request
    223069Request For Extension Of Time
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  59. Reply
    222917Reply
    Bnsf Railway Company
  60. Decision
    39058Secretary
    PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.
  61. Statement
    222365Opening Statement
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  62. Exhibit
    222364Exhibit(s)
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  63. Decision
    38872Entire Board
    DECISION GRANTED WESTERN FUELS ASSOCIATION AND BASIN ELECTRIC POWER COOPERATIVE'S PETITION FOR CLARIFICATION, CANCELED A SCHEDULED TECHNICAL CONFERENCE, AND AMENDED THE PROCEDURAL SCHEDULE FOR THE SUBMISSION OF SUPPLEMENTAL EVIDENCE.
  64. Reply
    221797Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  65. Reply
    221783Reply
    Bnsf Railway Company
  66. Decision
    38863Secretary
    DECISION: (1) GRANTED WESTERN FUELS ASSOCIATION, INC. AND BASIN ELECTRIC POWER COOPERATIVE'S (COLLECTIVELY, WFA) REQUEST FOR BNSF RAILWAY COMPANY TO FILE ITS REPLY TO WFA'S PETITION FOR CLARIFICATION BY MARCH 7, 2008; AND (2) GRANTED WFA'S REQUEST FOR A STAFF SUPERVISED TECHINICAL CONFERENCE ON MARCH 14, 2008.
  67. Motion
    221721Petition
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  68. Decision
    38628Entire Board
    DECISION DENIED BOTH WESTERN FUELS ASSOCIATION, INC. AND BASIN ELECTRIC POWER COOPERATIVE (COLLECTIVELY), AND BNSF RAILWAY COMPANY'S PETITIONS FOR RECONSIDERATION. IN ADDITION, THE BOARD CORRECTED TECHNICAL ERRORS AND SET A PROCEDURAL SCHEDULE FOR FURTHER EVIDENCE TO BE SUBMITTED IN THIS PROCEEDING.
  69. Notice
    220687Notice
    Bnsf Railway Company
  70. Reply
    220686Reply
    Bnsf Railway Company
  71. Reply
    220675Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  72. Motion
    220505Petition
    BNSF Railway Company, Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  73. Motion
    220504Petition For Reconsideration
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  74. Motion
    220498Petition To Reopen
    Bnsf Railway Company
  75. Decision
    38423Secretary
    DECISION GRANTED WESTERN FUELS ASSOCIATION, INC.'S, BASIN ELECTRIC POWER COOPERATIVE, INC.'S, AND AEP TEXAS NORTH COMPANY'S MOTIONS FOR EXTENSION OF TIME.
  76. Request
    220302Request For Extension Of Time
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  77. Decision
    38254Entire Board
    DECISION FOUND THAT BNSF RAILWAY COMPANY HAS MARKET DOMINANCE OVER THE TRANSPORTATION AT ISSUE, BUT WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE (WFA) HAVE FAILED TO ESTABLISH THAT THE CHALLENGED RATES ARE UNREASONABLY HIGH. WFA ARE OFFERED AN OPPORTUNITY TO SUBMIT SUPPLEMENTAL EVIDENCE UNDER THE STAND-ALONE COST CONSTRAINT.
  78. Rebuttal
    219050Rebuttal
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  79. Reply
    218889Reply
    Bnsf Railway Company
  80. Rebuttal
    218688Rebuttal
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  81. Letter
    218200Letter
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  82. Decision
    37580Secretary
    PROVIDED NOTICE TO REFLECT THE CORRECT YEAR IN THE DECISION SERVED ON NOVEMBER 22, 2006, WHICH INADVERTENTLY CONTAINED AN ERROR ON PAGE 4 OF THE DECISION.
  83. Decision
    37567Secretary
    ORDERED THE PARTIES TO STB DOCKET NO. 41191 (SUB-NO. 1) AND STB DOCKET NO. 42088 TO SUBMIT THE REQUESTED INFORMATION TO THE BOARD IN ACCORDANCE WITH THE REVISED PROCEDURAL SCHEDULE SET FORTH IN THIS DECISION.
  84. Correction
    218120Correction
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  85. Reply
    218102Reply
    Bnsf Railway Company
  86. Motion
    218083Petition For Reconsideration
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  87. Decision
    37530Entire Board
    INSTRUCTED THE PARTIES IN STB DOCKET NO. 41191 (SUB-NO. 1) AND NO. 42088 TO SUBMIT THE REQUESTED INFORMATION NEEDED TO THE BOARD FOR COMPLETION OF THE BOARD'S ANALYSIS OF THESE TWO PROCEEDINGS BY THE DATES SPECIFIED IN THIS DECISION.
  88. Rebuttal
    217051Rebuttal
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  89. Rebuttal
    216915Rebuttal
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  90. Reply
    216778Reply
    Bnsf Railway Company
  91. Reply
    216658Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  92. Evidence
    216553Evidence
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  93. Comments
    216471Comment
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  94. Comments
    216469Comment
    Csx Transportation Inc, Norfolk Southern Railway Company
  95. Decision
    36941Entire Board
    DECISION DENIED BNSF RAILWAY COMPANY'S PETITION FOR RECONSIDERATION OF THE MARCH 17 DECISION.
  96. Decision
    36911Entire Board
    DECISION DENIED PETITIONERS MOTION FOR RECONSIDERATION.
  97. Reply
    216228Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  98. Motion
    216190Petition For Reconsideration
    Bnsf Railway Company
  99. Letter
    216154Letter/Telegram
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  100. Decision
    36779Entire Board
    DECISION INSTRUCTS BOTH PARTIES TO THE PROCEEDING TO FILE SUPPLEMENTAL EVIDENCE TO COMPLETE THE RECORD.
  101. Decision
    36722Entire Board
    DECISION INSTITUTED A RULEMAKING PROCEEDING TO ADDRESS MAJOR ISSUES REGARDING RAIL RATE CASES.
  102. Brief
    215295Brief
    Bnsf Railway Company
  103. Brief
    215293Brief
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  104. Decision
    36408Secretary
    (1) GRANTED WESTERN FUELS ASSOCIATION, INC.'S REQUEST FOR AN EXTENSION OF THE DUE DATE FOR BRIEFS IN THIS PROCEEDING; AND (2) ORDERED THAT THE BRIEFS ARE DUE BY DECEMBER 6, 2005 AND NOT TO EXCEED 25 PAGES IN LENGTH.
  105. Reply
    215123Reply
    Western Fuels Association Inc, Basin Electric Power Cooperative, Inc.
  106. Request
    215121Request For Extension Of Time
    Basin Electric Power Cooperative, Inc., Western Fuels Association Inc
  107. Decision
    36364Secretary
    DECISION ESTABLISHED BRIEFING SCHEDULE IN THE PROCEEDING; BRIEFS ARE DUE BY NOVEMBER 22, 2005.
  108. Motion
    215017Motion To Strike
    Bnsf Railway Company
  109. Correction
    214985Correction
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  110. Errata
    214941Errata Sheet
    Western Fuels Association Inc
  111. Rebuttal
    214795Rebuttal
    Western Fuels Association Inc, Basin Electric Power Cooperative, Inc.
  112. Rebuttal
    214792Rebuttal
    Bnsf Railway Company
  113. Decision
    36167Secretary
    DECISION GRANTED A REQUEST TO MODIFY PROCEDURAL SCHEDULE SET BY THE BOARD'S MARCH 21, 2005, DECISION AND EXTENDED THE DUE DATE FOR REBUTTAL STATEMENTS UNTIL SEPTEMBER 30, 2005.
  114. Request
    214612Request For Extension Of Time
    Western Fuels Association Inc, Basin Electric Power Cooperative, Inc.
  115. Errata
    214592Errata Sheet
    Bnsf Railway Company
  116. Reply
    214378Reply
    Bnsf Railway Company
  117. Reply
    214374Reply
    Western Fuels Association, Inc. And Basin Electric Power Cooperative, Inc.
  118. Reply
    214122Reply
    Bnsf Railway Company
  119. Letter
    214114Letter
    Basin Electric Power Cooperative, Inc., Western Fuels Association Inc
  120. Letter
    213981Letter - Fax Copy
    Bnsf Railway Company
  121. Errata
    213916Errata Sheet
    Western Fuels Association Inc, Basin Electric Power Cooperative, Inc.
  122. Supplement
    213860Modify/Supplement Prior Filing Or The Record
    Bnsf Railway Company
  123. Statement
    213799Opening Statement
    Bnsf Railway Company
  124. Decision
    35714Secretary
    GRANTED WFA'S REQUEST TO MODIFY THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.
  125. Motion
    213582Petition For Modification
    Western Fuels Association Inc, Basin Electric Power Cooperative, Inc.
  126. Decision
    35623Entire Board
    DENIED A REQUEST BY BNSF RAILWAY COMPANY FOR A BOARD ORDER DIRECTING COMPLAINANTS WESTERN FUELS ASSOCIATION AND BASIN ELECTRIC COOPERATIVE TO INCLUDE WITH THEIR OPENING STATEMENT TWO SEPARATE STAND-ALONE RAILROAD CONFIGURATIONS-ONE INCLUDING REROUTED TRAFFIC (IF ANY), AND ONE WITHOUT ANY SUCH REROUTED TRAFFIC.
  127. Reply
    213194Reply
    Basin Electric Power Cooperative, Inc., Western Fuels Association Inc
  128. Decision
    35573Secretary
    GRANTED COMPLAINANT'S REQUEST TO WITHDRAW ITS JANUARY 14, 2005 MOTION TO COMPEL.
  129. Motion
    213119Motion/Petition/Request
    Bnsf Railway Company,
  130. Motion
    213118Motion To Withdraw
    Western Fuels Association Inc
  131. Reply
    213062Reply
    Bnsf Railway Company, Burlington Northern And Santa Fe Railway Company
  132. Motion
    213024Motion To Compel
    Western Fuels Association Inc, Basin Electric Power Cooperative, Inc.
  133. Decision
    35465Entire Board
    GRANTED THE REQUEST OF CLYDE J. HART, JR., TO EXTEND THE MEDIATION PERIOD FOR THIS PROCEEDING THROUGH JANUARY 31, 2005.
  134. Decision
    35284Secretary
    GRANTED THE REQUEST FOR ISSUANCE OF A PROTECTIVE ORDER, SET A PROCEDURAL SCHEDULE FOR THIS PROCEEDING, AND DIRECTED THE PARTIES TO MEET TO DISCUSS DISCOVERY MATTERS.
  135. Answer
    212473Answer
    Burlington Northern And Santa Fe Railway Company
  136. Motion
    212397Motion/Petition/Request
    Basin Electric Power Cooperative, Inc., Burlington Northern And Santa Fe Railway Company, Western Fuels Association Inc
  137. Motion
    212396Motion For Protective Order
    Basin Electric Power Cooperative, Inc., Western Fuels Association Inc
  138. Complaint
    212272Complaint
    Western Fuels Association Inc, Basin Electric Power Cooperative, Inc.