Week of 28 Jul 1997

Decisions served

1. 1 Aug 1997 FD 32760 (Sub-No. 21)
   GRANTED OR/DOT'S EXTENSION REQUEST.

   Secretary · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER RIO GRANDE WESTERN RAILROAD COMPANY · decision 28136
2. 1 Aug 1997 FD 33388
   DENIED THE PETITION FOR RECONSIDERATION OF DECISION NO. 11.

   Entire Board · 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 28120
3. 1 Aug 1997 FD 33388
   ISSUED A CLARIFICATION IN ORDER TO FACILITATE EXPEDITED REVIEW OF ANY APPEALS TO DECISIONS ISSUED BY JUDGE LEVENTHAL.

   Entire Board · 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 28119
4. 1 Aug 1997 FD 33388
   MODIFIED PROTECTIVE ORDER ENTERED IN DECISION NO. 1 TO ALLOW UTU'S IN-HOUSE COUNSEL TO REVIEW HIGHLY CONFIDENTIAL MATERIAL, PROVIDED THAT SUCH IN HOUSE COUNSEL EXECUTES THE APPROPRIATE UNDERTAKING AND OTHERWISE ABIDES BY THE TERMS OF THE PROTECTIVE ORDER.

   Entire Board · 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 28118
5. 1 Aug 1997 AB 167 (Sub-No. 1161X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO 2/4/98.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN VERMILION AND CHAMPAIGN COUNTIES, IL · decision 28099
6. 1 Aug 1997 AB 468 (Sub-No. 2X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN WHITE PLAINS AND ST. CHARLES, KY · decision 28069
7. 1 Aug 1997 AB 55 (Sub-No. 548X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MONROE COUNTY, IN · decision 27923
8. 1 Aug 1997 AB 477 (Sub-No. 1X)
   DENIED THE ABANDONMENT EXEMPTION PETITION FILED 4/15/97 BY OTC.

   Entire Board · OWENSVILLE TERMINAL COMPANY, INC.--ABANDONMENT EXEMPTION--IN EDWARDS AND WHITE COUNTIES, IL AND IN GIBSON AND POSEY COUNTIES, IN · decision 25572
9. 1 Aug 1997 FD 32759
   EXEMPTED GWI FROM THE PRIOR APPROVAL REQUIREMENTS TO CONTROL PNWR, A CLASS III RAIL CARRIER.

   Entire Board · GENESEE & WYOMING, INC.--CONTROL EXEMPTION--PORTLAND & WESTERN RAILROAD, INC. · decision 19889
10. 31 Jul 1997 FD 33381
    GRANTED AMTRAK'S REQUEST FOR EXTENSION OF TIME TO FILE OPENING BRIEFS.

    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 28133
11. 30 Jul 1997 NOM 41877
    GRANTED RESPONDENT'S REQUEST FOR AN EXTENSION OF TIME AND ADJUSTED THE PROCEDUAL SCHEDULE ACCORDINGLY.

    Secretary · POLYCOM-HUNTSMAN, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF BE-MAC TRANSPORT COMPANY, INC. · also entered in NOM 41878, NOM 41884, NOM 41887, NOM 41889, NOM 41894, NOM 41904 · decision 28117
12. 30 Jul 1997 NOM 41892
    GRANTED RESPONDENT'S REQUEST FOR AN EXTENSION OF TIME AND ADJUSTED PROCEDURAL SCHEDULE ACCORDINGLY.

    Secretary · RICH PRODUCTS CORPORATION--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF BE-MAC TRANSPORT COMPANY, INC. · also entered in NOM 41893, NOM 41895, NOM 41988 · decision 28116
13. 30 Jul 1997 NOM 41860
    GRANTED RESPONDENT'S REQUEST FOR AN EXTENSION OF TIME AND ADJUSTED PROCEDURAL SCHEDULE ACCORDINGLY.

    Secretary · DELTA FAUCET CORPORATION--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF BE-MAC TRANSPORT COMPANY, INC. · decision 28115
14. 30 Jul 1997 NOM 41859
    GRANTED RESPONDENT'S REQUEST FOR AN EXTENSION OF TIME AND ADJUSTED THE PROCEDURAL SCHEDULE ACCORDINGLY.

    Secretary · THE L.D. KICHLER CO. D/B/A KICHLER LIGHTING--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF BE-MAC TRANSPORT COMPANY, INC. · decision 28114
15. 30 Jul 1997 NOM 42010
    DIRECTED RESPONDENT TO FURNISH PETITIONERS WITH MATERIAL CALLED FOR IN THE APPENDIX A OF THIS DECISION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Secretary · A.O. SMITH CORPORATION; ADVANCE TRANSFORMER CO., A DIVISION OF PHILIPS; ELECTRONICS NORTH AMERICA CORPORATION; ASSOCIATED GROCERS, INC.; FEDCO, INC. DBA YOUR FURNITURE; J. SOSNICK & SONS; KENNEDY ENDEAVORS, INC. DBA TIM'S CASCADE STYLE POTATO CHIPS; MASTER-HALCO, INC.; MCCORMICK & COMPANY, INC.; POSER BUSINESS FORMS, INC.; OATEY FKA OATEY CO.; THE GLIDDEN COMPANY; THE PILLSBURY COMPANY; AND THE STATE CHEMICAL MANUFACTURING COMPANY--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF WILLIG FREIGHT LINES, INC. · decision 28105
16. 30 Jul 1997 NOM 42009
    DIRECTED RESPONDENT TO FURNISH PETITIONER WITH MATERIAL CALL FOR IN THE APPENDIX TO THIS DECISION AND SET A PROCEDURAL SCHEDULE.

    Secretary · ELKAY PLASTICS CO., INC.--PETITION FOR DECLARATORY ORDER-CERTAIN RATES AND PRACTICES OF BEE LINE MOTOR FREIGHT · decision 28104
17. 30 Jul 1997 NOM 41999
    DIRECTED THE PARTIES TO SHOW CAUSE WHY THIS PROCEEDING SHOULD NOT BE DISMISSED.

    Secretary · PHILIPS LIGHTING CO.--PETITION FOR DECLARATORY--CERTAIN RATES AND PRACTICES OF J.K. HUTCH, INC. · decision 28055
18. 29 Jul 1997 FD 32760 (Sub-No. 21)
    NOTICE TO THE PARTIES GRANTING THE REQUESTS TO PARTICIPATE IN THIS PROCEEDING.

    Secretary · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER RIO GRANDE WESTERN RAILROAD COMPANY · decision 28124
19. 29 Jul 1997 AB 441 (Sub-No. 2X)
    EXEMPTED SWKR AND CLC FROM THE PROVISION OF 49 U.S.C. 10904(E) AND 49 CFR 1152.27(G), AND GRANTED THEIR 30-DAY EXTENSION REQUEST UNTIL 8/29/97.

    Entire Board · SWKR OPERATING CO.--ABANDONMENT EXEMPTION--IN COCHISE COUNTY, AZ · decision 28089
20. 29 Jul 1997 FD 33388
    DENIED THE COMMUTER RAIL AUTHORITIES' JOINT PETITION THAT REQUIRED APPLICANTS TO SUPPLEMENT THE CONTROL APPLICATION IN THIS PROCEEDING.

    Entire Board · 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 28083
21. 29 Jul 1997 FD 32760 (Sub-No. 23)
    NOTICE TO THE PUBLIC AND INVITES COMMENTS REGARDING APPLICANTS' REQUEST.

    Entire Board · UNION PACIFIC CORPORATION ET AL · decision 28074
22. 29 Jul 1997 NOM 41283
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY OVERLAND AGAINST ALL MODES WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701(A) AND SECTION 2(E) OF THE NRA AND DISCONTINUED THIS PROCEEDING.

    Entire Board · ALL MODES TRANSPORTATION CONSULTANTS, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF OVERLAND EXPRESS, INC. · decision 20687
23. 29 Jul 1997 NOR 41185
    FOUND THA THE CHALLENGED RATES CHARGED BY SANTA FE ARE UNREASONABLY HIGH, AWARDS REPARATIONS FOR PAST SHIPMENTS, AND PRESCRIBES MAXIMUM REASONABLE RATES FOR FUTURE MOVEMENTS.

    Entire Board · ARIZONA PUBLIC SERVICE COMPANY & PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 9413
24. 28 Jul 1997 NOR 41907
    DIRECTED PETITIONER TO FILE ITS OPENING STATEMENT ON OR BEFORE 8-18-97, OR SHOW CAUSE WHY THIS PROCEEDING SHOULD NOT BE DISMISSED.

    Secretary · SHORT LINE ENTERPRISES, INC. V. SOUTHERN PACIFIC TRANSPORTATIOAN COMPANY · decision 28107
25. 28 Jul 1997 FD 27579
    DENIED BNSF'S MOTION TO DISMISS THE COMPLAINT, SET A PROCEDURAL SCHEDULE, AND RULED ON SEVERAL PROCEDURAL MOTIONS AND REQUESTS.

    Entire Board · BTW GILLETTE & DOUGLAS, IN CAMPBELL & CONVERSE COUNTIES, WY · also entered in FD 29066, FD 33321, NOR 41987 · decision 21336