Week of 20 Apr 1998

Decisions served

1. 24 Apr 1998 FD 33388
   DENIED THE PETITION BY CONSOL INC., FILED 4/9/98, FOR LEAVE TO INTERVENE, FILE COMMENTS, AND PARTICIPATE IN ORAL ARGUMENT.

   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 29131
2. 24 Apr 1998 FD 33581
   NOTICE OF MODIFIED RAIL CERTIFICATE AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · LAKE COUNTY OREGON · decision 29099
3. 24 Apr 1998 FD 33574 (Sub-No. 1)
   GRANTED THE PETITION FOR EXEMPTION TO PERMIT BNSF OVERHEAD TRACKAGE RIGHTS OVER CERTAIN LINES OF UP TO EXPIRE ON THE DATES AGREED TO BY THE PARTIES WITHOUT THE NEED FOR BNSF TO OBTAIN DISCONTINUANCE AUTHORITY.

   Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 29084
4. 24 Apr 1998 NOM 40559
   FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY LIFSCHULTZ AGAINST RAULAND-BORG WOULD BE AN UNREASONABLE PRACTICE UNDER SECTION 2(E) OF THE NRA, AND DISCONTINUED THIS PROCEEDING.

   Entire Board · RAULAND-BORG CORPORATION--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF LIFSCHULTZ FAST FREIGHT, INC. · decision 9551
5. 23 Apr 1998 AB 33 (Sub-No. 105X)
   GRANTED CITY'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL OCTOBER 21, 1998.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN KANE COUNTY, IL · decision 29144
6. 23 Apr 1998 NOR 41670
   (1) FOUND THAT THE SIX INDIVIDUALS WHOM DEFENDANTS SEEK TO DEPOSE APPEAR TO HAVE FIRST-HAND KNOWLEDGE OF FACTS THAT MAY BE MATERIAL TO THE MARKET DOMINANCE DETERMINATION IN THIS PROCEEDING; (2) DEFENDANTS' REQUESTS FOR DEPOSITIONS WERE MADE PROMPTLY AFTER THE PENDING DISCOVERY ISSUES WERE RESOLVED, THEREFORE, WE WILL PERMITS THE DEPOSITIONS TO GO FORWARD.

   Entire Board · SHELL CHEMICAL COMPANY AND SHELL OIL COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 29129
7. 23 Apr 1998 AB 497 (Sub-No. 1X)
   REOPENED THIS PROCEEDING AND THE CONDITION IMPOSED IN THE NOVEMBER 28, DECISION TO IMPLEMENT THE SECTION 7 PROCESS OF THE ENDANGERED SPECIES ACT IS REMOVED.

   Director Of Proceedings · MINNESOTA NORTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN RED LAKE AND POLK COUNTIES, MN · decision 29124
8. 23 Apr 1998 FD 33575
   NOTICE OF INTRACORPORATE FAMILY EXEMPTION; AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · STATE OF NORTH CAROLINA- INTRACORPORATE FAMILY EXEMPTION- MERGER OF BEAUFORT AND MOREHEAD RAILROAD COMPANY INTO NORTH CAROLINA RAILROAD COMPANY · decision 29100
9. 23 Apr 1998 FD 33572 (Sub-No. 1)
   GRANTED THE PETITION FOR EXEMPTION TO PERMIT UP OVERHEAD TRACKAGE RIGHTS OVER CERTAIN LINES OF BNSF TO EXPIRE ON THE DATES AGREED TO BY THE PARTIES WITHOUT THE NEED FOR UP TO OBTAIN DISCONTINUANCE AUTHORITY.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 29080
10. 22 Apr 1998 NOM 42029
    DIRECTED DEFENDANT TO FURNISH COMPLAINANT WITH MATERIAL CALLED FOR BY APPENDIX A OF THIS DECISION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Secretary · RO-MAR TRANSPORTATION SYSTEMS, INC.- V- CAROLINA FREIGHT CARRIERS · decision 29130
11. 22 Apr 1998 FD 33584
    NOTICE OF TRACKAGE RIGHTS EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-TRACKAGE RIGHTS EXEMPTION- BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 29109
12. 22 Apr 1998 AB 531-X
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · PIONEER VALLEY RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN HAMPEN COUNTY, MA · decision 29105
13. 22 Apr 1998 AB 355 (Sub-No. 23)
    GRANTED B&M'S REQUEST FOR ABANDONMENT AND ST'S REQUEST FOR DISCONTINUANCE OF SERVICE, SUBJECT TO CERTAIN CONDITIONS; OF A LINE OF RAILROAD KNOWN AS THE CANAL BRANCH EXTENDING FROM MILEPOST 14.50 IN CHESHIRE, CT, TO MILEPOST 24.00 IN SOUTHINGTON, CT A DISTANCE OF 9.50 MILES, IN HARTFORD AND NEW HAVEN COUNTIES, CT.

    Entire Board · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE--IN HARTFORD AND NEW HAVEN COUNTIES, CT · also entered in AB 32 (Sub-No. 83) · decision 28795
14. 21 Apr 1998 EP 575
    DESIGNATED JUDGE LEVENTHAL TO SERVE AS THE ALJ IN THESE MATTERS AND SET UP A CONFERENCE TO BE HELD ON 4/28/98 AT 10:00 A.M. IN A HEARING ROOM OF THE FEDERAL ENERGY REGULATORY COMMISSION.

    Secretary · REVIEW OF RAIL ACCESS AND COMPETITION ISSUES RENEWED PETITION OF THE WESTERN COAL TRAFFIC LEAGUE · decision 29152
15. 21 Apr 1998 EP 561
    GRANTED AN EXEMPTION FROM REGULATORY OVERSIGHT RAIL TRANSPORTATION OF 29 NONFERROUS RECYCLABLE COMMODITY GROUPS.

    Entire Board · RAIL GENERAL EXEMPTION AUTHORITY--NONFERROUS RECYCLABLES · decision 28464
16. 20 Apr 1998 NOR 42027
    GRANTED CONRAIL'S EXTENSION REQUEST AND THE PROPOSED PROCEDURAL SCHEDULE(S) ARE DUE BY APRIL 27, 1998.

    Secretary · NORTHERN INDIANA PUBLIC SERVICE COMPANY V. CONSOLIDATED RAIL CORPORATION · decision 29147
17. 20 Apr 1998 EP 346 (Sub-No. 33)
    DENIED A REQUEST BY THE AAR TO EXEMPT FROM REGULATION THE RAIL TRANSPORTATION OF PAINTS, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · RAIL GENERAL EXEMPTION AUTHORITY--EXEMPTION OF PAINTS, ENAMEL, LACQUERS, SHELLACS, ETC. · decision 21676
18. 20 Apr 1998 NOM 41566
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY FULTRAN FROM PONDEROSA WOULD BE AN UNREASONABLE PRACTICE UNDER SECTION 2(E) OF THE NRA, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · PONDEROSA FIBERS OF AMERICA, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF FULTRAN, INC. · decision 20265