Week of 10 Aug 1998

Decisions served

1. 14 Aug 1998 AB 6 (Sub-No. 379X)
   (1) HELD IN ABEYANCE THE REQUESTS FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE, (2) DIRECTED BNSF TO PROVIDE THE OKLAHOMA DEPARTMENT OF TRANSPORTATION (ODOT) WITH THE REQUESTED INFORMATION TO ENABLE ODOT TO FILE AN OFA, AND (3) EXTENDED THE TIME PERIOD FOR ODOT TO FILE AN OFA UNTIL OCTOBER 1, 1998, AND THE EFFECTIVE DATE OF THE EXEMPTION IS POSTPONED UNTIL OCTOBER 11, 1998.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GARFIELD AND LOGAN COUNTIES, OKLA. · decision 29537
2. 14 Aug 1998 AB 57 (Sub-No. 45X)
   IMPOSED A PERIOD OF 180 DAYS FROM THE AUGUST 16, 1998 EFFECTIVE DATE, UNTIL FEBRUARY 12, 1999, TO PROVIDE AN OPPORTUNITY FOR ANY STATE OR LOCAL GOVERNMENT AGENCY, OR OTHER INTERESTED PERSON TO NEGOTIATE THE ACQUISITION OF THE LINE FOR PUBLIC USE.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY-- ABANDONMENT EXEMPTION-- IN DAKOTA COUNTY, MN · decision 29520
3. 14 Aug 1998 AB 167 (Sub-No. 1161X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO JANUARY 30, 1999.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN VERMILION AND CHAMPAIGN COUNTIES, IL · decision 29519
4. 14 Aug 1998 AB 33 (Sub-No. 124X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN SEDGWICKCOUNTY, KS · decision 29488
5. 14 Aug 1998 MCF 20926
   TENTATIVELY APPROVED, SUBJECT TO OPPOSING COMMENTS, THE APPLICATION FILED BY COACH TO ACQUIRE CONTROL OF 5 ADDITIONAL MOTOR PASSENGER CARRIERS, AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Entire Board · COACH USA---CONTROL ---BRUNSWICK TRANSORTATION CO D/B/A THE MAINE LINE ET AL · decision 29486
6. 14 Aug 1998 FD 33556
   (1) ACCEPTED THE PRIMARY APPLICATION AND RELATED FILING FILED 7/15/98 BY CNR, GTC, GTW, IC CORP., ICR, CCP AND CRRC, AND (2) DIRECTED THE PARTIES TO COMPLY WITH THE FINAL PROCEDURAL SCHEDULE ADOPTED IN THIS PROCEEDING AS DESCRIBED IN APPENDIX A OF THE NOTICE.

   Entire Board · CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION AND GRAND TRUNK WESTERN RAILROAD INCORPORATED--CONTROL--ILLINOIS CENTRAL CORPORATION, ILLINOIS CENTRAL RAILROAD COMPANY, CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY, AND CEDAR RIVER RAILROAD COMPANY · also entered in FD 33556 (Sub-No. 1) · decision 29479
7. 14 Aug 1998 AB 6 (Sub-No. 202)
   DENIED LATAH TRAIL FOUNDATION INC.'S REQUEST FOR AN ISSUANCE OF A CERTIFCATE OF INTERIM TRAIL USE OR ABANDONMENT AND A PUBLIC USE CONDITION UNDER 49 U.S.C. 10905 FOR THE RIGHT-OF-WAY INVOLVED IN THIS PROCEEDING.

   Director Of Proceedings · B.N. BET MOSCOW & ARROW IN LATAH & NEZ PERCE COUNTIES, IDAHO · decision 29302
8. 13 Aug 1998 FD 33407
   (1) POSTPONED THE ORAL ARGUMENT THAT WAS SCHEDULED FOR AUGUST 13, 1998, UNTIL 10:00 A.M., THURSDAY, THE 20TH OF AUGUST, 1998, IN A HEARING ROOM OF THE FEDERAL ENERGY REGULATORY COMMISSION, 888 FIRST STREET N.E., WASHINGTON, D.C., AND (2) ADOPTED A PROCEDURAL RULE FOR THE EFFICIENT DISPOSITION OF FUTURE DISCOVERY DISPUTES.

   Administrative Law Judge · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 29534
9. 13 Aug 1998 FD 33634
   NOTICE OF ACQUISITION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · SUNBELT RAILROAD HISTORICAL TRUST -- ACQUISITION EXEMPTION -- LINES OF THE SOUTHEAST KANSAS RAILROAD COMPANY · decision 29455
10. 13 Aug 1998 FD 33603
    GRANTED AN EXEMPTION UNDER 49 U.S.C. 10502, FROM PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323-25: (1) FOR R.B. WEBB AND S.K. LUNDY TO ACQUIRE INDIRECT CONTROL OF BMR AND SEK, THROUGH THEIR DIRECT CONTROL OF SKO AND THE PRCC; AND (2) FOR SKO TO ACQUIRE CONTROL OF SEK AND FOR PRCC TO ACQUIRE CONTROL OF BMR THROUGH THE ACQUISITION OF ALL OUTSTANDING STOCK OF THE RESPECTIVE COMPANIES.

    Entire Board · RICHARD B WEBB AND SUSAN K LUNDY -- CONTROL EXEMPTION -- BLUE MOUNTAIN RAILROAD, INC AND SOUTHEAST KANSAS RAILROAD COMPANY · decision 29250
11. 12 Aug 1998 FD 33388
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT JULY 31, 1998, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.

    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 29521
12. 12 Aug 1998 AB 369 (Sub-No. 3X)
    CORRECTED DECISION SERVED JULY 20, 1998; APPENDIX REMAINS UNCHANGED.

    Secretary · BUFFALO & PITTSBURGH RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ERIE AND CATTARAUGUS COUNTIES, NY · decision 29513
13. 12 Aug 1998 FD 31974
    (1) GRANTED NASCA'S PETITION FOR LEAVE TO INTERVENE; (2) DENIED IN ALL RESPECTS NASCA'S PETITION FOR RECONSIDERATION; (3) ACCEPTED BMWE'S JUNE 4, 1998 LETTER INTO THE RECORD; AND (4) GRANTED BMWE'S REQUEST FOR A STATEMENT OF SUBSEQUENT CASE HISTORY AS REFLECTED IN THIS DECISION, AND THE MAY 15, 1998 DECISION REMAINS UNCHANGED OTHERWISE.

    Entire Board · MOUNTAIN LAUREL RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--CONSOLIDATED RAIL CORPORATION · decision 29374
14. 12 Aug 1998 NOM 42024
    (1) GRANTED HUTCH'S MOTION TO DISMISS; AND (2) FOUND THAT PHILIPS HAS FAILED TO PROVIDE JUSTIFICATION FOR BOARD INVOLVEMENT IN THIS DISPUTE AND THE ISSUES RAISED SHOULD BE RESOLVED BY THE NEW JERSEY COURT.

    Entire Board · PHILIPS LIGHTING CO.--PETITION FOR DECLARATORY ORDER -- CERTAIN RATES AND PRACTICES OF J. K. HUTCH, INC. · decision 28937
15. 11 Aug 1998 AB 33 (Sub-No. 123X)
    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 BUTLER COUNTY, IA · decision 29430
16. 11 Aug 1998 FD 33557
    GRANTED (1) THE JOINT PETITION FOR EXEMPTION FILED BY VCTC AND UP, AND (2) THEIR REQUEST FOR A 90-DAY EXTENSION OF THE STATUTORY DEADLINE UNTIL NOVEMBER 9, 1998.

    Entire Board · APPLICATION OF VENTURA COUNTY TRANSPORTATION COMMISSION FOR AN ORDER REQUIRING JOINT USE OF TERMINAL FACILITIES IN VENTURA COUNTY, CA · decision 29403
17. 11 Aug 1998 FD 33486
    (1) GRANTED SEA LION ABANDONMENT EXEMPTION; (2) DENIED SEA LION'S REQUEST FOR EXEMPTION FROM THE OFFER OF PUBLIC ASSISTANCE PROVISIONS OF 49 U.S.C. 10904 AND THE PUBLIC USE PROVISIONS OF 49 U.S.C. 10905; AND (3) DEFERRED ACTION ON THE CITY OF SEATTLE'S REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE; (4) DEFERRED ACTION ON THE NOTICE FOR A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FILED BY BTRC; AND (5) DENIED A LABOR UNION'S PETITION TO REVOKE THE EXEMPTION PURSUANT TO WHICH SEA LION ACQUIRED THE SUBJECT LINE.

    Entire Board · 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 29280
18. 11 Aug 1998 AB 414 (Sub-No. 2X)
    GRANTED IAIS AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON ITS LINE OF RAILRAOD EXTENDING FROM MILEPOST 123.5 NEAR OTLEY TO THE END OF THE LINE OR NEAR MILEPOST 114.80 IN PELLA, A DISTANCE OF 8.70 MILES, IN MARION COUNTY, IA.

    Entire Board · IOWA INTERSTATE RAILROAD LTD-ABANDONMENT AND DISCONTINUANCE BETWEEN PELLA AND OTLEY MARION COUNTY IOWA · decision 29235
19. 11 Aug 1998 AB 55 (Sub-No. 562X)
    EXEMPTED FROM THE PRIOR APPROVAL REQUIREMENTS THE ABANDONMENT BY CSXT OF A 0.60-MILE PORTION OF ITS FLORENCE SERVICE LANE, NORTH END SUBDIVISION, IN ROCKY MOUNT, NASH COUNTY, NC., SUBJECT TO CERTAIN CONDITIONS, AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Entire Board · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ROCKY MOUNT, NASH COUNTY, NC · decision 29168
20. 10 Aug 1998 FD 33469
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT JULY 21, 1998, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

    Secretary · NATIONAL RAILROAD PASSENGER CORPORATION -- APPLICATION -- UNION PACIFIC RAILROAD COMPANY AND SOUTHERN PACIFIC TRANSPORTATION COMPANY · decision 29517
21. 10 Aug 1998 FD 33407
    REVISED THE SERVICE LIST SERVED JUNE 25, 1998, TO MODIFY THE LISTING FOR PARTY OF RECORD WENDY CLAUSON-ROTH.

    Secretary · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 29516
22. 10 Aug 1998 FD 33407
    SCHEDULED CONFERENCE TO CONSIDER PLEADINGS AND TO HEAR ORAL ARGUMENT CONCERNING THEM WILL CONVENE AT 10:00 A.M., THURSDAY, THE 13TH DAY OF AUGUST, 1998, IN A HEARING ROOM OF THE FEDERAL ENERGY REGULATORY COMMISSION AT 888 FIRST STREET, N.E., WASHINGTON, D.C.

    Administrative Law Judge · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 29515