Decision 38460
Served (printed as 8/27/2008) · Decision · Entire Board
DECISION DENIED THE PETITION OF CSX TRANSPORTATION, INC. (CSXT) FOR INSTITUTION OF A DECLARATORY ORDER PROCEEDING SEEKING TO CONFIRM THAT IMPLEMENTATION OF AN AGREEMENT FOR THE SALE AND DEVELOPMENT OF LAND ALONG A RAIL LINE IN THE BOROUGH OF QUEENS, NEW YORK CITY (AGREEMENT), WOULD INTERFERE WITH CSXT'S ACQUISITION AND OPERATION OF CERTAIN ASSETS OF CONRAIL, AS AUTHORIZED IN CSX CORP., ET AL.-CONTROL-CONRAIL INC. ET AL., 3 S.T.B. 196 (1998) (CONRAIL). IN ADDITION, THE BOARD DETERMINED THAT THE PARTIES HAVE PRESENTED SUFFICIENT INFORMATION TO DEMONSTRATE THAT THERE IS NO UNCERTAINTY TO RESOLVE, THE AGREEMENT FULLY ALLOWS FOR CONTINUED RAILROAD OPERATIONS, AND ITS IMPLEMENTATION WOULD NOT INTERFERE WITH THE TRANSACTION APPROVED IN CONRAIL.
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