Week of 15 Dec 1997

Decisions served

1. 19 Dec 1997 FD 33388
   (1) GRANTED CEC'S PETITION FOR LEAVE TO FILE SUPPLEMENTAL COMMENTS, (2) ACCEPTED CEC'S COMMENTS INTO THE RECORD, AND (3) PERMITTED APPLICANTS TO FILE REBUTTAL COMMENTS OR EVIDENCE BY 12/30/97.

   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 28747
2. 19 Dec 1997 EP 290 (Sub-No. 5)
   APPROVED THE REBASED FIRST QUARTER 1998 RAIL COST ADJUSTMENT FACTOR AND COST INDEX FILED BY THE AAR.

   Entire Commission · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 28726
3. 19 Dec 1997 AB 55 (Sub-No. 556X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN RALEIGH COUNTY, WV · decision 28708
4. 19 Dec 1997 AB 303 (Sub-No. 17X)
   MODIFIED THE DECISION SERVED AND PUBLISHED ON 11/21/97 TO EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS DECISION.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN MARQUETTE AND ALGER COUNTIES, MI · decision 28670
5. 19 Dec 1997 MCF 20914
   NOTICE OF CONTROL EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Entire Board · GREYHOUND LINES, INC.--CONTROL--GONZALEZ, INC. D/B/A GOLDEN STATE TRANSPORTATION COMPANY · decision 28649
6. 19 Dec 1997 FD 33468
   INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(D) TO CONSIDER UTU-IL'S PETITION TO REVOKE THE NOTICE OF EXEMPTION.

   Secretary · EFFINGHAM RAILROAD COMPANY--OPERATION EXEMPTION--LINE OWNED BY AGRACEL CORPORATION · decision 28643
7. 19 Dec 1997 NOR 40385
   DISMISSED THE COMPLAINT FILED ON 1/12/90 BY HURON VALLEY AND DISCONTINUED THIS PROCEEDING.

   Entire Board · HURON VALLEY STEEL CORPORATION V. CSX TRANSPORTATION, INC. ET AL. · decision 28604
8. 19 Dec 1997 AB 397 (Sub-No. 1X)
   VACATED THE DECISIONS AND NOTICES OF INTERIM TRAIL USE SERVED 5/3/94 AND 3/26/97, AND AUTHORIZED THE CITY TO REPLACE ATA AS THE NEW TRAIL USER OVER THE INVOLVED RIGHT-OF-WAY.

   Director Of Proceedings · TULARE VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN KINGS AND TULARE COUNTIES, CA · also entered in AB 397 (Sub-No. 4X) · decision 28592
9. 18 Dec 1997 MCF 20910
   APPROVED AND AUTHORIZED THE PROPOSED REVENUE POOLING AGREEMENT BETWEEN THE ADIRONDACK GROUP AND THE GREYHOUND SYSTEM.

   Entire Board · ADIRONDACK TRANSIT LINES, INC., PINE HILL-KINGSTON BUS CORP., AND PASSENGER BUS CORPORATION--POOLING--GREYHOUND LINES, INC. AND VERMONT TRANSIT CO., INC. · decision 28321
10. 17 Dec 1997 NOM 42024
    DIRECTED RESPONDENTS TO FURNISH PETITIONER WITH MATERIAL CALLED FOR IN THE APPENDIX OF THIS DECISION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Secretary · PHILIPS LIGHTING CO.--PETITION FOR DECLARATORY ORDER -- CERTAIN RATES AND PRACTICES OF J. K. HUTCH, INC. · decision 28735
11. 17 Dec 1997 NOM 41676
    GRANTED PETITIONER'S REQUEST TO DISMISS THIS PROCEEDING.

    Secretary · DOWBRANDS L.P. - BE-MAC TRANSPORT COMPANY, INC. · decision 28732
12. 17 Dec 1997 NOR 42022
    (1) DISMISSED MP AS A PARTY DEFENDANT SUBJECT TO THE REQUIREMENT THAT UP PRODUCE IN DISCOVERY ANY INFORMATION THAT WAS GENERATED TO MP TO THE SAME EXTENT THAT MP WOULD HAVE BEEN REQUIRED TO PRODUCE THAT INFORMATION; AND (2) ESTABLISHED A PROCEDURAL SCHEDULE.

    Secretary · FMC WYOMING CORPORATION AND FMC CORPORATION V. UNION PACIFIC RAILROAD COMPANY · decision 28699
13. 17 Dec 1997 AB 535-X
    IMPOSED CONDITIONS REQUIRING WESTCO TO CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS' NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC MARKERS.

    Director Of Proceedings · WEST CENTRAL OHIO PORT AUTHORITY--ABANDONMENT EXEMPTION--IN CLARK COUNTY, OH · decision 28679
14. 17 Dec 1997 AB 55 (Sub-No. 521X)
    MODIFIED THE DECISION SERVED 11/21/97 TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS DECISION.

    Director Of Proceedings · CSX TRANSPORTATION INC-ABANDONMENT-FULTON COUNTY GEORGIA · decision 28640
15. 17 Dec 1997 EP 558 (Sub-No. 1)
    INSTITUTED A PROCEEDING TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL FOR 1997, SOLICITED COMMENTS AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Entire Board · RAILROAD COST OF CAPITAL-1997 · decision 28506
16. 17 Dec 1997 FD 32306
    DENIED UTU'S PETITION TO REOPEN A 7/6/95 DECISION AND TO REVOKE THE CONTINUANCE IN CONTROL EXEMPTION.

    Entire Board · WERTHEIM SCHRODER & CO., INCORPORATED AND GATEWAY WESTERN RAILWAY COMPANY--CONTINUANCE IN CONTROL EXEMPTION--GATEWAY EASTERN RAILWAY COMPANY · decision 19982
17. 16 Dec 1997 FD 33516
    DENIED A PETITION FILED BY UTU-IL TO STAY OPERATION OF THE EXEMPTION.

    Chairman · ILLINOIS RAILNET INC-ACQUISITION AND OPERATION EXEMPTION-BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 28734
18. 16 Dec 1997 FD 33528
    DENIED A PETITION FILED BY UTU-IL TO STAY THE OPERATION OF THE EXEMPTION.

    Commissioner · EFFINGHAM RAILROAD COMPANY--OPERATION EXEMPTION--LINE OWNED BY TOTAL QUALITY WAREHOUSE · decision 28731
19. 16 Dec 1997 AB 303 (Sub-No. 13X)
    EXTENDED THE NITU'S NEGOTIATING PERIOD THROUGH 1/23/98.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WI · decision 28729
20. 16 Dec 1997 FD 33413
    NOTICE OF CORPORATE FAMILY TRANSACTION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · TRIMAX HOLDINGS, INC.--CORPORATE FAMILY TRANSACTION EXEMPTION--ALLEGHENY VALLEY RAILROAD COMPANY AND SOUTHWEST PENNSYLVANIA RAILROAD COMPANY · decision 28692
21. 16 Dec 1997 AB 477 (Sub-No. 2X)
    DENIED OTC'S APPEAL OF A NOVEMBER 20 DECISION.

    Entire Board · OWENSVILLE TERMINAL COMPANY, INC.--ABANDONMENT EXEMPTION--IN GIBSON AND POSEY COUNTIES, IN · decision 28648
22. 16 Dec 1997 FD 33467
    DIRECTED UP TO PUBLISH PROPORTIONAL RATES FROM A BOTTLENECK ORIGIN TO THE CHICAGO, IL, AND EAST ST. LOUIS, IL GATEWAYS FOR USE IN CONJUNCTION WITH A SUBSEQUENT CONTRACT MOVEMENT BY CSXT.

    Entire Board · FMC WYOMING CORPORATION AND FMC CORPORATION V. UNION PACIFIC RAILROAD COMPANY · decision 28524
23. 15 Dec 1997 SO 1518
    DENIED THE ASSOCIATION'S REQUEST THAT THE DECEMBER 4 SERVICE ORDER BE RESCINDED.

    Entire Board · JOINT PETITION FOR SERVICE ORDER · decision 28736
24. 15 Dec 1997 FD 32863
    A COURT ACTION WAS INSTITUTED ON OR BEFORE 12/1/97, BEFORE THE U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

    Secretary · GENESEE & WYOMING, INC.--CONTINUANCE IN CONTROL--ILLINOIS & MIDLAND RAILROAD, INC. · decision 28713
25. 15 Dec 1997 AB 439 (Sub-No. 3X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · DALLAS AREA RAPID TRANSIT -- ABANDONMENT EXEMPTION -- IN DALLAS COUNTY TEXAS · decision 28675
26. 15 Dec 1997 AB 391 (Sub-No. 3X)
    REOPENED THIS PROCEEDING AND MODIFIED TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS PROCEEDING.

    Director Of Proceedings · RED RIVER VALLEY & WESTERN RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- BENSON COUNTY NORTH DAKOTA · decision 28654
27. 15 Dec 1997 NOR 41670
    (1) DENIED COMPLAINANTS' MOTION TO STRIKE; (2) ACCEPTED DEFENDANTS' REPLIES FOR FILING AND MADE A PARTY OF RECORD; (3) GRANTED IN PART COMPLAINANTS' MOTION INSOFAR AS IT SEEKS ACCEPTANCE OF SURREBUTTAL MATERIAL; (4) GRANTED IN PART DEFENDANTS SUPPLEMENTAL INTERROGATORIES; AND (5) DIRECTED COMPLAINANTS TO FURNISH THEIR RESPONSES TO DEFENDANTS BY 12/29/97.

    Entire Board · SHELL CHEMICAL COMPANY AND SHELL OIL COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 28602