Decision 39098
Served (printed as 7/27/2009) · Decision · Entire Board
DECISION GRANTED A MOTION TO DISMISS IN PART R.J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES INC.'S (RJCP) PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 TO CONSTRUCT AND OPERATE A RAIL LINE FOR THE EASTERN SEGMENT OF THE LINE IN THIS PROCEEDING. IN ADDITION, THE BOARD DETERMINED THAT RJCP IS PRECLUDED FROM ACTIVATING OR OPERATING THE EASTERN SEGMENT UNTIL THE NEPA PROCESS IS COMPLETED AND THE BOARD ISSUES A FINAL DECISION THAT TAKES INTO ACCOUNT THE RESULTS OF THE ENVIRONMENTAL REVIEW. THE BOARD ALSO GRANTED THE PETITION FILED BY PEOPLE PROTECTING COMMUNITIES FOR LEAVE TO LATE FILE A REPLY TO RJCP'S MOTION TO DISMISS, BUT DENIES AS MOOT IT'S PETITION TO HOLD THE RELATED PROCEEDINGS IN STB FINANCE DOCKET NO. 35143 AND DOCKET NO. AB-167 (SUB-NO. 1004N) IN ABEYANCE PENDING THE COMPLETION OF THE ENVIRONMENTAL REVIEW PROCESS.
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