Decision 32639
Served (printed as 10/4/2002) · Decision · Entire Board
(1) GRANTED FINAL APPROVAL IN FD-34060 FOR AN EXEMPTION SOUGHT BY MIDWEST GENERATION, LLC (MIDWEST), TO CONSTRUCT A RAIL LINE CONNECTING ITS PLANT TO TRACK OPERATED BY THE UNION PACIFIC RAILROAD COMPANY; (2) REVOKED THE EXEMPTION IN PART AND ISSUED A CERTIFICATE UNDER 49 U.S.C. 10901 IN FD-34060; (3) GRANTED MIDWEST'S REQUEST FOR A DETERMINATION IN FD-34060-1, THAT, IN BUILDING AND OPERATING THIS NEW LINE, IT IS ENTITLED UNDER 49 U.S.C. 10901(D) TO CROSS THE TRACK OF THE ILLINOIS CENTRAL RAILROAD COMPANY; AND (4) REQUIRED THE PARTIES IN FD-34060-1 TO ENTER INTO NEGOTIATIONS TO SET THE COMPENSATION AND TERMS OF OPERATION FOR THE CROSSING.
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