Week of 26 Oct 1998

Decisions served

1. 30 Oct 1998 FD 33675
   GRANTED A PETITION FILED BY MC TO WAIVE THE REMAINDER OF THE 60-DAY NOTICE REQUIREMENT UNDER 49 CFR 1150.42(E).

   Entire Board · MINNESOTA COMMERCIAL RAILWAY COMPANY--LEASE AND OPERATION EXEMPTION--CANADIAN PACIFIC RAILWAY COMPANY (SOO LINE DISTRICT) · also entered in FD 33676 · decision 29735
2. 30 Oct 1998 FD 33556
   POSTPONED THE ORAL ARGUMENT ORIGINALLY SCHEDULED FOR OCTOBER 30, 1998, ON THE CITY'S MOTION UNTIL NOVEMBER 4, 1998, AT 10:00 A.M. IN A HEARING ROOM OF THE FEDERAL ENERGY REGULATORY COMMISSION, 888 FIRST STREET, N.W., WASHINGTON, D.C.

   Administrative Law Judge · 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 · decision 29733
3. 30 Oct 1998 AB 547-X
   REJECTED CRYSTAL, ROARING FORK, COLORADO RAILROAD & MINERALS LLC'S NOTICE OF INTENT TO FILE AN OFFER OF FINANCIAL ASSISTANCE AND POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION IN ORDER TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED.

   Director Of Proceedings · ROARING FORK RAILROAD HOLDING AUTHORITY--ABANDONMENT EXEMPTION--IN GARFIELD, EAGLE AND PITKIN COUNTIES, CO · decision 29729
4. 30 Oct 1998 FD 33666
   GRANTED A PETITION FILED BY BELT LINE TO WAIVE THE REMAINDER OF THE 60-DAY NOTICE REQUIREMENTS UNDER 49 CFR 1150.42(E).

   Entire Board · BELT LINE DIVISION OF TACOMA PUBLIC UTILITIES-OPERATION EXEMPTION-PIERCE THURSTON AND LEWIS COUNTIES WASHINGTON · decision 29726
5. 30 Oct 1998 FD 33654
   GRANTED THE REQUEST TO WITHDRAW THE NOTICE OF EXEMPTION AND THE PROCEEDING IN FD 33654 IS DISMISSED.

   Secretary · BELT LINE DIVISION OF TACOMA PUBLIC UTILITIES-OPERATION-IN PIERCE THURSTON AND LEWIS COUNTIES WASHINGTON · decision 29723
6. 30 Oct 1998 AB 33 (Sub-No. 127X)
   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 LOS ANGELES COUNTY, CA · decision 29670
7. 29 Oct 1998 FD 33609
   EXEMPTED FROM THE PRIOR APPROVAL REQUIREMENTS THE PURCHASE BY NS OF APPROXIMATELY 15.3 MILES OF UP'S RAIL LINE, SUBJECT TO STANDARD LABOR PROTECTIVE CONDITIONS, AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--PURCHASE EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 29598
8. 28 Oct 1998 FD 33556
   SCHEDULED ORAL ARGUMENT ON THE CITY'S MOTION FOR WAIVER TO BE HEARD AT 10:00 A.M. ON FRIDAY, OCTOBER 30, 1998, IN A HEARING ROOM OF THE FEDERAL ENERGY REGULATORY COMMISSION, 888 FIRST STREET, N.E., WASHINGTON, D.C.

   Administrative Law Judge · 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 · decision 29727
9. 28 Oct 1998 NOR 42022
   COMPLAINANT AND DEFENDANT HAVE RESOLVED THEIR DISCOVERY DISPUTES AMICABLY, AND THE ORAL ARGUMENT SCHEDULED FOR OCTOBER 29, 1998, IS CANCELED.

   Administrative Law Judge · FMC WYOMING CORPORATION AND FMC CORPORATION V. UNION PACIFIC RAILROAD COMPANY · decision 29722
10. 28 Oct 1998 NOM 40658
    DIRECTED THE PARTIES TO SHOW CAUSE WITHIN 30 DAYS WHY THIS PROCEEDING SHOULD NOT BE DISMISSED.

    Secretary · CO-OPERATIVE SHIPPERS, INC. V. OLD DOMINION FREIGHT LINE, INC. · decision 29698
11. 27 Oct 1998 FD 33556
    (1) GRANTED CN/IC-34, BNSF-6 EXTENSION REQUEST; AND (2) EXTENDED BNSF'S DUE DATE TO FILE ITS RESPONSIVE APPLICATION AND REQUEST FOR CONDITIONS TO OCTOBER 29, 1998.

    Secretary · 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 · decision 29719
12. 27 Oct 1998 FD 33556
    DENIED THE MOTION FILED OCTOBER 22, 1998, BY THE CITY OF CHICAGO FOR A DETERMINATION PURSUANT TO PARAGRAPH NINE OF THE PROTECTIVE ORDER.

    Administrative Law Judge · 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 · decision 29718
13. 27 Oct 1998 EP 628
    EXTENDED THE DUE DATE FOR FILING SUPPLEMENTAL REPLY COMMENTS TO NOVEMBER 13, 1998.

    Secretary · EXPEDITED RELIEF FOR SERVICE INADEQUACIES · decision 29714
14. 27 Oct 1998 AB 6 (Sub-No. 379X)
    MODIFIED THE NOTICE OF EXEMPTION SERVED AND PUBLISHED ON MAY 6, 1998, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS DECISION AND IMPOSED CERTAIN CONDITIONS ON BNSF.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GARFIELD AND LOGAN COUNTIES, OKLA. · decision 29702
15. 27 Oct 1998 AB 55 (Sub-No. 547X)
    GRANTED THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES' REQUEST TO EXTEND THE NITU NEGOTIATION PERIOD UNTIL DECEMBER 7, 1998.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MUSKEGON COUNTY, MI · decision 29677
16. 27 Oct 1998 FD 33582
    (1) ACCEPTED UP'S MOTION FOR LEAVE TO FILE A REPLY AND (2) GRANTED UP'S MOTION TO DISMISS.

    Entire Board · CROSS OIL REFINING & MARKETING, INC. V. UNION PACIFIC RAILROAD COMPANY · decision 29609
17. 26 Oct 1998 FD 33388
    GRANTED A 20-DAY EXTENSION UNTIL 11/10/98 TO SUBMIT A REPORT REGARDING AN AGREEMENT FOR CP HAULAGE RIGHTS OR TRACKAGE RIGHTS OVER CONRAIL'S EAST-OF-THE HUDSON LINE RUNNING BETWEEN SELKIRK AND FRESH POND, NY

    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 29711
18. 26 Oct 1998 FD 33388
    GRANTED THE PARTIES' REQUEST FOR A FURTHER EXTENSION TO NOVEMBER 20, 1998, FOR SUBMITTING A STATUS REPORT REGARDING DISPATCHING OF THE LEEWOOD-AULON LINE IN MEMPHIS, TN.

    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 29710
19. 26 Oct 1998 FD 33407
    SCHEDULED ORAL ARGUMENT ON THE COALITION'S MOTION TO BE HEARD COMMENCING AT 10:00 A.M., NOVEMBER 3, 1998, IN A HEARING ROOM OF THE FEDERAL ENERGY REGULATORY COMMISSION, AT 888 FIRST STREET, NE, WASHINGTON, D.C.

    Administrative Law Judge · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 29709
20. 26 Oct 1998 FD 33388
    EXTENDED THE DEADLINE SET FORTH IN DECISION NO. 89, ORDERING PARAGRAPH NO. 64, TO NOVEMBER 20, 1998, TO CONCLUDE TRACKAGE RIGHTS NEGOTIATION.

    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 · also entered in FD 33388 (Sub-No. 75) · decision 29708
21. 26 Oct 1998 FD 31700 (Sub-No. 13)
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT OCTOBER 15, 1998, BEFORE THE U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

    Secretary · CANADIAN PACIFIC LIMITED, ET AL.--PURCHASE AND TRACKAGE RIGHTS--DELAWARE & HUDSON RAILWAY COMPANY (ARBITRATION REVIEW) · decision 29701
22. 26 Oct 1998 AB 290 (Sub-No. 169X)
    EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO APRIL 15, 1998.

    Director Of Proceedings · NORFOLK AND WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--BETWEEN FERGUSON JUNCTION AND GLEN ECHO, MO · decision 29695
23. 26 Oct 1998 AB 33 (Sub-No. 127X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LOS ANGELES COUNTY, CA · decision 29673
24. 26 Oct 1998 AB 31 (Sub-No. 33)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDONMENT--IN MACOMB AND OAKLAND COUNTIES, MI · decision 29600