Decision 35950
Served (printed as 8/2/2005) · Decision · Entire Board
(1) APPROVED THE SETTLEMENT AGREEMENT NEGOTIATED BY THE UNITED STATES DEPARTMENT OF ENERGY AND THE UNITED STATES DEPARTMENT OF DEFENSE (GOVERNMENT), AND BY UNION PACIFIC RAILROAD COMPANY (UP), TO RESOLVE RATE REASONABLENESS; (2) PRESCRIBED THE RATE AND RATE UPDATE METHODOLOGIES SET FORTH IN THE AGREEMENT AS THE MAXIMUM REASONABLE RATES AS BETWEEN THE SIGNATORIES; (3) EXTINGUISHED UP'S LIABILITY (INCLUDING THAT OF ITS PREDECESSOR AND SUBSIDIARIES) TO THE GOVERNMENT OR CONNECTING RAILROADS FOR REPARATIONS ON THE SHIPMENTS AT ISSUE IN THESE PROCEEDINGS; (4) DISMISSED UP AS A PARTY TO THESE PROCEEDINGS AND RELIEVES UP OF ANY OBLIGATION TO PARTICIPATE IN THEM OR IN RELATED PROCEEDINGS INVOLVING CLAIMS AGAINST CONNECTING RAILROADS, EXCEPT THAT UP WILL REMAIN OBLIGATED TO RESPOND TO THE BOARD'S SUBPOENA AUTHORITY; (5) ORDERED THAT THESE PROCEEDINGS CONTINUE TO BE HELD IN ABEYANCE; AND (6) DIRECTED THE GOVERNMENT TO FILE QUARTERLY REPORTS ON THE PROGRESS OF SETTLEMENT NEGOTIATIONS.
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