Decision 40288
Served (printed as 12/1/2009) · Decision · Entire Board
DECISION INSTITUTED A DECLARATORY ORDER PROCEEDING TO ADDRESS ISSUES RAISED BY ARKANSAS ELECTRIC COOPERATIVE CORPORATION AND BNSF RAILWAY COMPANY (BNSF) REGARDING TWO PROPOSED TARIFF ITEMS BNSF HAS ISSUED TO ADDRESS THE MITIGATION OF COAL-DUST EMISSIONS FROM TRAINS MOVING OVER THE POWDER RIVER BASIN JOINT LINE AND BNSF'S BLACK HILLS SUBDIVISION. THE DECISION ALSO SET A PROCEDURAL SCHEDULE ALLOWING FOR PUBLIC COMMENT AND PARTICIPATION, A 60-DAY DISCOVERY PERIOD, AND NOTED THAT THE BOARD WILL ASSIGN AND AUTHORIZE A BOARD EMPLOYEE TO ACT AS DISCOVERY FACILITATOR IN THIS PROCEEDING.
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