Week of 13 Apr 1998

Decisions served

1. 17 Apr 1998 EP 575
   SUMMARIZED THE HEARINGS HELD APRIL 2 AND 3, 1998, DESCRIBED THE ISSUES TO BE PURSUED BY THE BOARD, AND DIRECTED THE RAILROAD INDUSTRY TO TAKE ACTIONS AS DESCRIBED BY THE DATES INDICATED IN THIS DECISION.

   Entire Board · REVIEW OF RAIL ACCESS AND COMPETITION ISSUES RENEWED PETITION OF THE WESTERN COAL TRAFFIC LEAGUE · decision 29134
2. 17 Apr 1998 FD 33388
   DENIED THE MOTION FILED BY RICHARD AND JUDITH BELL AND GEORGE RIGAMER FOR LEAVE TO BECOME A PARTY OF RECORD FOR THE PURPOSE OF COMMENTING ON AND PARTICIPATING 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 29107
3. 17 Apr 1998 NOR 42022
   CONCLUDED THAT DISCOVERY IN THIS PROCEEDING SHOULD BE CONDUCTED CONSISTENT WITH THE FOREGOING GUIDANCE ON THE PROPER SCOPE OF MARKET DOMINANCE DISCOVERY.

   Entire Board · FMC WYOMING CORPORATION AND FMC CORPORATION V. UNION PACIFIC RAILROAD COMPANY · decision 29082
4. 17 Apr 1998 AB 33 (Sub-No. 118X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN EL PASO COUNTY, CO · decision 28965
5. 17 Apr 1998 NOR 41185
   REOPENED THIS PROCEEDING, REAFFIRMED PRIOR FINDING THAT SANTA FE HAS MARKET DOMINANCE OVER THE TRANSPORTATION AT ISSUE, AND REVISED THE MAXIMUM REASONABLE RATE PRESCRIPTION AND REPARATION DETERMINATIONS.

   Entire Commission · ARIZONA PUBLIC SERVICE COMPANY & PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 28224
6. 16 Apr 1998 FD 33388
   INSTRUCTED SEA AND CONSULTANTS NOT TO ENGAGE IN ANY FURTHER INFORMAL DISCUSSIONS WITH THE AFFECTED PARTIES REGARDING ANY NEGOTIATED AGREEMENTS IN THE GREATER CLEVELAND AREA UNTIL 4/23/98.

   Commissioner · 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 29123
7. 16 Apr 1998 FD 33561
   GRANTED REQUEST FOR PROTECTIVE ORDER AND PARTIES MUST COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX OF THIS DECISION.

   Secretary · PORT OF PEND OREILLE D/B/A PEND OREILLE VALLEY RAILROAD--ACQUISITION AND OPERATION EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 29114
8. 16 Apr 1998 AB 33 (Sub-No. 120X)
   NOTICE OF ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN WARREN COUNTY, IA · decision 29095
9. 16 Apr 1998 FD 30186 (Sub-No. 3)
   (1) GRANTED GREAT NORTHER, NORTHERN PLAINS, JOHN D. FITZGERALD AND FRANCIS G. MARCEAU LEAVE TO LATE-FILE THEIR APPEALS, AND (2) DENIED THEIR APPEALS OF THE WAIVER DECISION.

   Entire Board · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 29010
10. 16 Apr 1998 NOR 42012
    (1) DENIED COMPLAINANTS PETITION FOR RECONSIDERATION; (2) GRANTED IN PART COMPLAINANTS PETITION TO REOPEN; (3) ORDERED UP TO PROVIDE THE INFORMATION REQUESTED IN NOS. 9 (C) AND (E) OF COMPLAINANTS PETITION TO REVOKE ; (4) GRANTED UP'S REQUEST FOR CLARIFICATION OF A NEW PROCEDURAL SCHEDULE; AND (5) ADJUSTED A PROCEDURAL SCHEDULE.

    Entire Board · SIERRA PACIFIC POWER COMPANY AND IDAHO POWER COMPANY V. UNION PACIFIC RAILROAD COMPANY · decision 28960
11. 15 Apr 1998 FD 32425
    DENIED THE PETITION FILED BY SIMMONS TO REOPEN THE FEBRUARY 13 DECISION AND TO REVOKE THE NOTICE OF EXEMPTION SERVED AND PUBLISHED 2/13/95.

    Entire Board · CHICAGO SOUTHSHORE & SOUTH BEND RAILROAD--OPERATION EXEMPTION--ILLINOIS INTERNATIONAL PORT DISTRICT · decision 19600
12. 15 Apr 1998 FD 32639
    DENIED A PETITION FILED 2/13/95 BY UTU TO REOPEN AND TO REVOKE THE EXEMPTIONS GRANTED IN THESE PROCEEDINGS.

    Entire Board · METRO NORTH COMMUTER RAILROAD COMPANY--ACQUISITION EXEMPTION--THE MAYBROOK LINE · also entered in FD 32639 (Sub-No. 1) · decision 19528
13. 14 Apr 1998 AB 391 (Sub-No. 4X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · RED RIVER VALLEY & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN BENSON COUNTY, ND · decision 29089
14. 13 Apr 1998 FD 33582
    GRANTED UP'S REQUEST FOR FILING AN ANSWER IN THIS PROCEEDING UNTIL APRIL 27, 1998.

    Secretary · CROSS OIL REFINING & MARKETING, INC. V. UNION PACIFIC RAILROAD COMPANY · decision 29116