Week of 23 Jun 1997

Decisions served

1. 27 Jun 1997 FD 33390
   DENIED PHILLIPS' PETITION FILED 6/24/97, TO STAY AND TO REVOKE A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE A RAIL LINE.

   Entire Board · ROARING FORK RAILROAD HOLDING AUTHORITY--ACQUISITION AND OPERATION EXEMPTION--SOUTHERN PACIFIC TRANSPORTATION COMPANY · decision 27994
2. 27 Jun 1997 FD 33388
   ADOPTED THE ATTACHED DISCOVERY GUIDELINES.

   Administrative Law Judge · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONTROL AND OPERATING LEASES/AGREEMENTS--CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION · decision 27993
3. 27 Jun 1997 FD 33404
   REOPENED PROCEEDING AND CORRECTED THE MILEPOST DESIGNATIONS.

   Director Of Proceedings · SAN JOAQUIN VALLEY RAILROAD COMPANY--ACQUISTION AND OPERATION EXEMPTION--SUNSET RAILWAY COMPANY, KERN COUNTY, CA · decision 27984
4. 27 Jun 1997 FD 33116
   --

   Secretary · WISCONSIN CENTRAL LTD.--ACQUISITION EXEMPTION--LINES OF UNION PACIFIC RAILROAD COMPANY · decision 27980
5. 27 Jun 1997 NOR 41989
   GRANTED CSXT'S MOTION FILED 1/23/97, FOR PARTIAL DISMISSAL OF THIS COMPLAINT.

   Entire Board · POTOMAC ELECTRIC POWER COMPANY V. CSX TRANSPORTATION, INC. · decision 25584
6. 27 Jun 1997 EP 537
   (1) DENIED THE PETITIONS FOR RECONSIDERATION OF A 12/24/96 DECISION, (2) MADE SOME CLARIFYING CHANGES TO THE RULES, (3) DELEGATED AUTHORITY, AND (4) CORRECTED A TYPOGRAPHICAL ERROR.

   Entire Commission · ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 · decision 25381
7. 27 Jun 1997 NOM 41525
   FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY NORTH PENN FROM STATIONERS WOULD BE AN UNREASONABLE PRACTICE UNDER SECTION 2(E) OF THE NRA AND DISCONTINUED THIS PROCEEDING.

   Entire Board · STATIONERS DISTRIBUTING COMPANY-PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF NORTH PENN TRANSFER, INC. · decision 19912
8. 27 Jun 1997 FD 32058
   FOUND THAT THE TRACK AT ISSUE IS EXEMPT SIDE TRACK AND, AS A CONSEQUENCE, THE BOARD LACKS JURISDICTION TO AWARD THE RELIEF BATTAGLIA SEEKS, AND DISMISSES ITS COMPLAINT.

   Entire Board · BATTAGLIA DISTRIBUTING CO., INC. V. BURLINGTON NORTHERN RAILROAD COMPANY · decision 19599
9. 26 Jun 1997 AB 43 (Sub-No. 170X)
   FOUND NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G) WILL BE MADE PURSUANT TO 49 CFK 1011.8(C)(10)

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY-ABANDONMENT BETWEEN HATTIESBURG AND VARNADO, MISSISSIPPI · decision 27960
10. 26 Jun 1997 NOR 41670
    DENIED COMPLAINTS SECOND MOTION TO COMPEL, AND COMPLAINTS' PETITION.

    Entire Board · SHELL CHEMICAL COMPANY AND SHELL OIL COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 27954
11. 26 Jun 1997 FD 33381
    GRANTED THE REQUESTED PROTECTIVE ORDER.

    Secretary · APPLICATION OF THE NATIONAL RAILROAD PASSENGER CORP. UNDER 49 U.S.C. 24308(a)--SPRINGFIELD TERMINAL RAILWAY COMPANY, BOSTON AND MAINE CORPORATION, AND PORTLAND TERMINAL COMPANY · decision 27925
12. 26 Jun 1997 AB 33 (Sub-No. 112X)
    INSTITUTED AN EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Secretary · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LANCASTER COUNTY, NE · decision 27921
13. 26 Jun 1997 AB 33 (Sub-No. 111X)
    INSTITUTED AN EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT-JEFFERSON COUNTY WISCONSIN · decision 27919
14. 26 Jun 1997 AB 318 (Sub-No. 3X)
    DENIED THE REQUEST FOR ISSUANCE OF A NITU AND GRANTED THE REQUEST FOR PUBLIC USE CONDITION.

    Director Of Proceedings · LOUISIANA AND DELTA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN TERREBONNE PARISH, LA · decision 27884
15. 26 Jun 1997 FD 33381
    (1) DENIED SIX B&M PROCEDURAL REQUESTS AND AMTRAK'S REQUEST AND (2) GRANTED IN PART B&M REQUEST FOR AN EXTENSION OF DUE DATE.

    Entire Board · APPLICATION OF THE NATIONAL RAILROAD PASSENGER CORP. UNDER 49 U.S.C. 24308(a)--SPRINGFIELD TERMINAL RAILWAY COMPANY, BOSTON AND MAINE CORPORATION, AND PORTLAND TERMINAL COMPANY · decision 25551
16. 26 Jun 1997 FD 32760 (Sub-No. 22)
    GRANTED, IN PART, UTU'S APPEAL OF AN ARBITRATION DECISION.

    Entire Board · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP. AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY (ARBITRATION REVIEW) · decision 25538
17. 25 Jun 1997 NOM 42002
    NOTICE TO THE PARTIES CORRECTING THE RESPONDENT'S REPRESENTATIVE.

    Secretary · FOOD SERVICE OF AMERICA, INC. -- PETITION FOR DECLARATORY ORDER -- CERTAIN RATES AND PRACTICES OF BEE LINE MOTOR FREIGHT · decision 27979
18. 25 Jun 1997 NOM 41841
    GRANTED RESPONDENTS REQUEST FILED JUNE 16, 1997 FOR EXTENSION OF TIME TO FILE ITS REPLY STATEMENT.

    Secretary · MITSUBISHI ELECTRONICS AMERICA, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF ST. JOHNSBURY TRUCKING COMPANY, INC. · decision 27971
19. 25 Jun 1997 NOM 41791
    GRANTED RESPONDENTS REQUEST FILED JUNE 16, 1997 FOR EXTENSION OF TIME TO FILE ITS REPLY STATEMENT.

    Secretary · DRESSER-RAND POWER, INC.-PETITION FOR DECLARATORY ORDER-CERTAIN RATES AND PRACTICES OF ST. JOHNSBURY TRUCKING COMPANY, INC. · also entered in NOM 41879 · decision 27969
20. 25 Jun 1997 AB 290 (Sub-No. 189X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · NORFOLK AND WESTERN RAILWAY COMPANY -- ABANDONMENT -- BETWEEN NORTHFORK AND BUZZARDS CREEK JUNCTION, WEST VIRGINIA · decision 27892
21. 24 Jun 1997 AB 290 (Sub-No. 189X)
    NOTICE TO THE PARTIES CORRECTS THE LOCATION OF THE MILEPOST AT NF-0.0

    Secretary · NORFOLK AND WESTERN RAILWAY COMPANY -- ABANDONMENT -- BETWEEN NORTHFORK AND BUZZARDS CREEK JUNCTION, WEST VIRGINIA · decision 27974
22. 24 Jun 1997 ISM 30430
    PROPOSED TO DISMISS THIS PROCEEDING UNLESS AN OBJECTION IS FILED BY 7-9-97.

    Secretary · CLASSIFICATION RATINGS ON POISONS,NMFC,OCTOBER 1,1992 · decision 27973
23. 24 Jun 1997 FD 33414
    INSTITUTED AN EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · PENN-JERSEY RAIL LINES, INC.--ACQUISITION AND OPERATING EXEMPTION--WMI PROPERTIES, INC. · decision 27950
24. 23 Jun 1997 NOR 41685
    GRANTED PARTIES MOTION TO ADOPT THE PROTECTIVE ORDER.

    Administrative Law Judge · CF INDUSTRIES, INC. V. KOCH PIPELINE COMPANY, L.P. · decision 27976
25. 23 Jun 1997 FD 33350
    INSTITUTED AN EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · SOO LINE CORPORATION--PETITION FOR DECLARATORY ORDER · decision 27934
26. 23 Jun 1997 AB 55 (Sub-No. 548X)
    INSTITUTED AN EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Secretary · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MONROE COUNTY, IN · decision 27908