Week of 11 May 1998

Decisions served

1. 15 May 1998 AB 534 (Sub-No. 1X)
   EXTENDED MDNR'S NEGOTIATING PERIOD UNDER THE NITU UNTIL NOVEMBER 11, 1998.

   Director Of Proceedings · LAKE STATE RAILWAY COMPANY -- ABANDONMENT EXEMPTION -- IN ALPENA COUNTY, MI · decision 29234
2. 15 May 1998 FD 32760 (Sub-No. 25)
   MODIFIED THE PROCEDURAL SCHEDULE ESTABLISHED IN THE APRIL 7, 1998 DECISION.

   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 AND RIO GRANDE WESTERN RAILROAD COMPANY · decision 29230
3. 15 May 1998 FD 33592
   NOTICE OF CORPORATE FAMILY TRANSACTION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · PROVIDENCE AND WORCESTER RAILROAD COMPANY--CORPORATE FAMILY TRANSACTION EXEMPTION--CONNECTICUT CENTRAL RAILROAD COMPANY · decision 29204
4. 15 May 1998 FD 33589
   NOTICE OF CONTINUANCE IN CONTROL EXEMPTION; AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · GULF & OHIO RAILWAYS HOLDING CO., INC.--CONTINUANCE IN CONTROL EXEMPTION--KNOXVILLE & HOLSTON RIVER RAILROAD CO., INC. · decision 29191
5. 15 May 1998 FD 33588
   NOTICE OF ACQUISITION AND OPERATION EXEMPTION; AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · KNOXVILLE & HOLSTON RIVER RAILROAD CO., INC.--ACQUISITION AND OPERATION EXEMPTION--LINES OF NORFOLK SOUTHERN RAILWAY COMPANY · decision 29190
6. 15 May 1998 AB 103 (Sub-No. 13X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · KANSAS CITY SOUTHERN RAILWAY COMPANY -- ABANDONMENT EXEMPTION -- IN WEBSTER PARISH, LA · decision 29175
7. 15 May 1998 FD 33566
   GRANTED THE CITY'S REQUEST TO WITHDRAW THE NOTICE OF EXEMPTION, DISMISSED THE PROCEEDING IN FD-33566, AND DISMISSED AS MOOT TE'S PROTEST AND PETITION FOR REJECTION AND THE PETITION FOR STAY.

   Secretary · CITY OF TACOMA AND BELTLINE DIVISION OF TACOMA PUBLIC UTILITIES--CHANGE IN OPERATOR EXEMPTION--TACOMA EASTERN RAILWAY COMPANY · decision 29128
8. 15 May 1998 FD 31974
   (1) GRANTED BMWE'S REQUEST FOR LEAVE TO LATE-FILE A REPLY TO MLRR'S MOTION TO STRIKE; (2) DENIED MLRR'S MOTION TO STRIKE PORTIONS OF BMWE'S SUPPLEMENTAL PETITION TO REVOKE; AND (3) DENIED BMWE'S PETITION TO REVOKE IN ALL RESPECTS.

   Entire Board · MOUNTAIN LAUREL RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--CONSOLIDATED RAIL CORPORATION · decision 28634
9. 14 May 1998 AB 355 (Sub-No. 24X)
   NOTICE OF ABANDONMENT AND DISCONTINUANCE EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN MIDDLESEX COUNTY, MA · also entered in AB 32 (Sub-No. 86X) · decision 29162
10. 14 May 1998 FD 32112
    DENIED BLE'S PETITIONS TO REVOKE THE NOTICES OF EXEMPTION IN FD NO. 32112 AND FD NO. 32113.

    Entire Board · CLARK SHORTLINE RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--INDIANA PORT COMMISSION · also entered in FD 32113, FD 32114 · decision 29151
11. 14 May 1998 AB 57 (Sub-No. 40X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · SOO LINE RAILROAD COMPANY, D/B/A CANADIAN PACIFIC RAILWAY--ABANDONMENT EXEMPTION--IN HENNEPIN COUNTY, MN · decision 29032
12. 14 May 1998 AB 502 (Sub-No. 1X)
    GRANTED BRP AN EXEMPTION TO ABANDON A 17.27-MILE LINE OF RAILROAD KNOWN AS THE HAYTI-KENNETT BRANCH, EXTENDING FROM MILEPOST 212.73, NEAR HAYTI, MO, TO MILEPOST 230.00 NEAR KENNETT, MO IN PEMISCOT AND DUNKLIN COUNTIES, MO.

    Entire Board · BOOTHEEL REGIONAL RAIL CORPORATION -- DISCONTINUANCE EXEMPTION -- IN PEMISCOT AND DUNKLIN COUNTIES, MISSOURI · also entered in AB 503 (Sub-No. 1X) · decision 28953
13. 13 May 1998 FD 33388
    SET FORTH THE REQUIREMENTS FOR ADMITTANCE TO THE STB PROCEEDINGS ON JUNE 3,4, AND 8, 1998.

    Secretary · 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 29225
14. 13 May 1998 FD 33388
    (1) GRANTED THE MOTION FOR LEAVE TO LATE FILE A NOTICE TO PARTICIPATE BY THE RETIREES, AND THE REQUEST TO BE HEARD AT THE ORAL ARGUMENT BY WELLINGTON; (2) DENIED THE REQUEST TO PARTICIPATE IN THE ORAL ARGUMENT FROM NON-PARTIES OF RECORD AND THEIR REPRESENTATIVES; AND (3) SET FORTH THE SCHEDULE OF APPEARANCE AND TIME ALLOTMENTS FOR THE ORAL ARGUMENT TO BE HELD ON JUNE 3 AND JUNE 4, 1998.

    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 29186
15. 13 May 1998 AB 414 (Sub-No. 2X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · IOWA INTERSTATE RAILROAD LTD-ABANDONMENT AND DISCONTINUANCE BETWEEN PELLA AND OTLEY MARION COUNTY IOWA · decision 29169
16. 13 May 1998 AB 55 (Sub-No. 562X)
    NOTICE OF ABANDONMENT EXEMPTION; AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ROCKY MOUNT, NASH COUNTY, NC · decision 29167
17. 13 May 1998 FD 33486
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · ADVENTURE TRAIL D/B/A SEA LION RAILROAD--ACQUISITION AND OPERATION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · also entered in FD 33594, AB 544-X · decision 29166
18. 13 May 1998 AB 6 (Sub-No. 379X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GARFIELD AND LOGAN COUNTIES, OKLA. · decision 29142
19. 13 May 1998 AB 33 (Sub-No. 119X)
    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 ROCK, GREEN AND DANE COUNTIES, WI · decision 29031
20. 13 May 1998 FD 33389
    (1) DENIED TLC'S AND BNSF'S PETITIONS FOR RECONSIDERATION, (2) GRANTED TLC'S REQUEST TO REINSTATE A RELATED ABANDONMENT EXEMPTION, (3) GAVE THE REINSTATED ABANDONMENT PROCEEDING A NEW DOCKET NUMBER, (4) CONSOLIDATED THE PROCEEDINGS AND GRANTED THE ABANDONMENT EXEMPTION, SUBJECT TO CERTAIN CONDITIONS, AND (5) ESTABLISHED A PROCEDURAL SCHEDULE..

    Entire Board · THE LAND CONSERVANCY OF SEATTLE AND KING COUNTY--ACQUISITION AND OPERATION EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · also entered in AB 508-X, AB 6 (Sub-No. 380X) · decision 28913
21. 13 May 1998 AB 290 (Sub-No. 184X)
    EXEMPTED FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903-05 THE ABANDONMENT BY NW OF A LINE OF RAILROAD KNOWN AS THE RIVERFRONT RUNNING TRACK, EXTENDING FROM MILEPOST 119.3 TO MILEPOST 120.8 EAST OF PLUM STREET, A DISTANCE OF APPROXIMATELY 1.5 MILES, IN CINCINNATI, HAMILTON COUNTY, OH.

    Entire Board · NORFOLK AND WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CINCINNATI, HAMILTON COUNTY, OH · decision 28886
22. 13 May 1998 AB 31 (Sub-No. 30)
    GRANTED NW AN APPLICATION FOR THE ADVERSE DISCONTINUANCE OF THE TRACKAGE RIGHTS; AND (2) EXEMPTED THE OFA PROVISIONS OF 49 U.S.C. 10904.

    Entire Board · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ADVERSE DISCONTINUANCE OF TRACKAGE RIGHTS APPLICATION--A LINE OF NORFOLK AND WESTERN RAILWAY COMPANY IN CINCINNATI, HAMILTON COUNTY, OH · decision 28884
23. 12 May 1998 NOR 41989
    GRANTED PARTIES' REQUEST TO HOLD THIS PROCEEDING IN ABEYANCE AND THAT FURTHER PROCESSING OF THE COMPLAINT BE SUSPENED UNTIL JUNE 2, 1998.

    Secretary · POTOMAC ELECTRIC POWER COMPANY V. CSX TRANSPORTATION, INC. · decision 29219
24. 12 May 1998 AB 33 (Sub-No. 113)
    GRANTED CITY'S REQUEST TO EXTEND THE NEGOTIATION PERIOD UNDER THE NITU FOR AN ADDITIONAL 180 DAYS.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--DISCONTINUANCE OF TRACKAGE RIGHTS AND ABANDONMENT--IN NATRONA AND CONVERSE COUNTIES, WY · decision 29212
25. 12 May 1998 AB 167 (Sub-No. 1182X)
    FOUND NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G) WILL BE MADE PURSUANT TO 49 CRF 1011.8(C)(10).

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN INDIANA COUNTY, PA · decision 29187
26. 12 May 1998 EP 628
    INSTITUTED A PROCEEDING TO SOLICIT COMMENTS ON PROPOSED RULES AND REQUESTED PERSONS TO FILE NOTICES OF INTENT TO PARTICIPATE BY MAY 28, 1998.

    Entire Board · EXPEDITED RELIEF FOR SERVICE INADEQUACIES · decision 29150
27. 12 May 1998 MCC 35000
    DENIED PETITION AND THE DECLARATORY ORDER PROCEEDING WILL NOT BE INSTITUTED.

    Director Of Proceedings · TRIPLE E TRANSPORT, INC.--PETITION FOR DECLARATORY ORDER · decision 28850
28. 11 May 1998 NOR 37809
    NOTICE TO THE PARTIES CORRECTING THE DECISION SERVED 5/11/98, WHICH CONTAINED A TYPOGRAPHICAL ERROR ON PAGE 7, THE FIRST ORDERING PARAGRAPH.

    Secretary · MCCARTY FARMS, INC., ET AL. V BURLINGTON NORTHERN, INC. · also entered in NOR 37815-S, NOR 37809 (Sub-No. 1) · decision 29223
29. 11 May 1998 EP 575
    ORDERED THE CONFERENCE SCHEDULED FOR MAY 21, 1998, TO COMMENCE AT 10:00 A.M. IN A HEARING ROOM OF THE FEDERAL ENERGY REGULATORY COMMISSION, 888 FIRST STREET N.E., WASHINGTON, D.C.

    Administrative Law Judge · REVIEW OF RAIL ACCESS AND COMPETITION ISSUES RENEWED PETITION OF THE WESTERN COAL TRAFFIC LEAGUE · decision 29220
30. 11 May 1998 NOR 37809
    MADE CERTAIN TECHNICAL CORRECTIONS TO THE DECISION SERVED AUGUST 20, 1997, AND AFFIRMED THE CONCLUSION IN THE '97 DECISION THAT BN'S RATES HAVE NOT BEEN SHOWN TO BE REASONABLE.

    Entire Board · MCCARTY FARMS, INC., ET AL. V BURLINGTON NORTHERN, INC. · also entered in NOR 37815-S, NOR 37809 (Sub-No. 1) · decision 29161
31. 11 May 1998 AB 425
    (1) REOPENED THIS PROCEEDING, (2) GRANTED NTR'S REQUEST FOR SUBSTITUTION OF AN INTERIM TRAIL USER, (3) MODIFIED THE DECISION AND CERTIFICATE OF INTERIM TRAIL USE SERVED 11/3/95, AND (4) VACATED THE CERTIFICATE OF INTERIM TRAIL USE WITH THE RESPECT TO THE LINE SEGMENT BETWEEN MILEPOST 111.27 AND MILEPOST 136.5.

    Director Of Proceedings · LONE STAR RAILROAD, INC. · decision 29118