Decision 35984
Served (printed as 6/30/2005) · Decision · Director Of Proceedings
(1) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED; (2) ADVISED NATIONAL COAL CORPORATION AND TENNESSEE RAILWAY COMPANY THAT IF THEY CANNOT AGREE ON THE PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE PRICE ON OR BEFORE JULY 27, 2005; AND (3) ORDERED THAT IF NO AGREEMENT IS REACHED AND NO REQUESTS IS SUBMITTED BY THAT DATE, THE BOARD WILL SERVE A DECISION VACATING THIS DECISION AND ALLOW THE ABANDONMENT EXEMPTIONS TO BECOME EFFECTIVE.
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