Week of 18 Jan 1999

Decisions served

1. 22 Jan 1999 FD 33388
   GRANTED THE REQUEST FOR AN ADDITIONAL 60-DAY EXTENSION UNTIL MARCH 22, 1999, TO SUBMIT 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 29984
2. 22 Jan 1999 AB 555 (Sub-No. 1X)
   REJECTED THE NOTICES OF EXEMPTION IN STB DOCKET NOS. AB-556 (SUB-NO. 1X) AND AB-555 (SUB-NO. 1X).

   Director Of Proceedings · OHIO & PENNSYLVANNIA RAILROAD COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN · also entered in AB 556 (Sub-No. 1X) · decision 29976
3. 22 Jan 1999 FD 33388
   DENIED THE MOTION FILED 12/23/98 BY FORT ORANGE PAPER COMPANY TO CLARIFY DECISION NO. 109 SERVED 12/18/98.

   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 · also entered in FD 33388 (Sub-No. 69) · decision 29954
4. 21 Jan 1999 AB 57 (Sub-No. 44X)
   SUBJECT THE EXEMPTION OF THE ABANDONMENT TO THE CONDITION THAT SOO SHALL, PRIOR TO ENGAGING IN ANY SALVAGE ACTIVITIES, CONSULT WITH THE MINNESOTA POLLUTION CONTROL AGENCY AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES TO ADDRESS POSSIBLE IMPACTS FROM SALVAGE OPERATIONS.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ST. LOUIS COUNTY, MN · decision 29936
5. 21 Jan 1999 FD 33699
   NOTICE OF TRACKAGE RIGHTS EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 29929
6. 21 Jan 1999 NOM 41113
   (1) FOUND THAT THE UNDERCHARGE CLAIMS ASSESSED AGAINST TEMPLE-EASTEX BY WESTERN, ARE NOT SUPPORTED BY THE TERMS OF THE TARIFF RELIED UPON BY WESTERN; (2) CONCLUDED THAT WESTERN WAS NOT A COMMON CARRIER PARTICIPANT IN THE RELIED-UPON MILEAGE GUIDE TARIFF AT THE TIME THE SHIPMENTS AT ISSUE MOVED AND THAT WESTERN'S TARIFF RATES ARE VOID-FOR-NONPARTICIPATION; AND (3) CONCLUDED THAT WESTERN'S UNDERCHARGE CLAIMS ARE BARRED BY SECTION 2(E) OF THE NRA.

   Entire Board · TEMPLE-INLAND FOREST PRODUCTS CORPORATION F/K/A TEMPLE-EASTEX INCORPORATED--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF CONVAIRE INTERNATIONAL, INC. F/K/A WESTERN CARRIERS, INC. · decision 20389
7. 20 Jan 1999 AB 557-X
   SUBJECT THIS ABANDONMENT EXEMPTION TO THE CONDITION THAT CSR CONSULT WITH THE NATIONAL GEODETIC SURVEY (NGS) AND PROVIDE NGS WITH 90 DAY'S NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC STATION MARKERS.

   Director Of Proceedings · TRUSTEES OF THE CINCINNATI SOUTHERN RAILWAY--ABANDONMENT EXEMPTION--IN HAMILTON COUNTY, OH · decision 29938
8. 20 Jan 1999 AB 57 (Sub-No. 46X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ST. PAUL, RAMSEY COUNTY, MN · decision 29920
9. 20 Jan 1999 FD 33693
   NOTICE OF CORPORATE FAMILY TRANSACTION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · RAILTEX INC MID-MICHIGAN RAILROAD INC MICHIGAN SHORE RAILROAD INC AND GRAND RAPIDS EASTERN RAILROAD INC-CORPORATE FAMILY TRANSACTION EXEMPTION · decision 29894
10. 19 Jan 1999 AB 103 (Sub-No. 14)
    DENIED: (1) AMR'S MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND ITS REQUEST FOR AN ORDER DIRECTING KCS TO PAY EXPENSES AND ATTORNEY FEES; AND (2) KCS'S REQUEST THAT AN ADMINISTRATIVE LAW JUDGE BE APPOINTED TO OVERSEE THE REMAINING DISCOVERY PROCESS.

    Secretary · KANSAS CITY SOUTHERN RAILWAY COMPANY--ADVERSE DISCONTINUANCE APPLICATION--A LINE OF ARKANSAS AND MISSOURI RAILROAD COMPANY · decision 29963
11. 19 Jan 1999 NOR 42038
    GRANTED THE JOINT MOTION FOR PROTECTIVE ORDER AND DIRECTED THE PARTIES TO COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX TO THIS DECISION.

    Secretary · MINNESOTA POWER, INC. V. DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY · decision 29959
12. 19 Jan 1999 NOR 42027
    ADOPTED THE PROPOSED PROCEDURAL SCHEDULE IN THE APPENDIX TO THIS DECISION.

    Secretary · NORTHERN INDIANA PUBLIC SERVICE COMPANY V. CONSOLIDATED RAIL CORPORATION · decision 29903
13. 19 Jan 1999 NOM 41180
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY CENTRAL AGAINST LAND O' LAKES, WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701(A) AND SECTION 2(E) OF THE NRA OF 1993.

    Entire Board · LAND O'LAKES, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF CENTRAL DISTRIBUTION CARRIERS, INC. · decision 29816