Week of 31 Jan 2000

Decisions served

1. 4 Feb 2000 FD 33833 (Sub-No. 1)
   GRANTED PETITIONERS A PETITION FOR EXEMPTION IN STB FINANCE DOCKET NO. 33833 TO PERMIT THE TRACKAGE RIGHTS TO EXPIRE ON FEBRUARY 7, 2000, IN ACCORDANCE WITH THE AGREEMENT OF THE PARTIES.

   Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 30744
2. 3 Feb 2000 FD 33820
   EXTENDED THE DUE DATE FOR LHRR TO REPLY TO CMTA'S MOTIONS TO DISMISS AND TO STRIKE TO FEBRUARY 22, 2000.

   Secretary · CENTRAL OF TENNESSEE RAILWAY & NAVIGATION COMPANY INCORPORATED DBA THE LONGHORN RAILWAY COMPANY -- PETITION FOR DECLARATORY ORDER · decision 30819
3. 3 Feb 2000 FD 33842
   GRANTED APPLICANT'S REQUEST TO WITHDRAW THE BN/CN-3 PETITION.

   Secretary · CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK WESTERN RAILROAD INCORPORATED, ILLINOIS CENTRAL RAILROAD COMPANY, BURLINGTON NORTHERN SANTA FE CORPORATION AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY-COMMON CONTROL · decision 30817
4. 3 Feb 2000 MCF 20959
   APPROVED AND AUTHORIZED THE PROPOSED ACQUISITION AND CONTROL, SUBJECT TO THE FILING OF OPPOSING COMMENTS.

   Entire Board · LAIDLAW INC., AND LAIDLAW TRANSPORTATION, INC.--ACQUISITION AND CONTROL--HOTARD COACHES, INC., AND COASTLINER, D/B/A MISSISSIPPI COAST LIMOUSINE, INC. · decision 30767
5. 3 Feb 2000 NOM 41607
   FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY JONES TRUCK LINES, INC., AGAINST WILLIAMHOUSE-REGENCY, INC., WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701(A) AND SECTION 2(E) OF THE NEGOTIATED RATES ACT OF 1993.

   Entire Board · WILLIAMHOUSE-REGENCY, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF JONES TRUCK LINES, INC. · decision 21744
6. 2 Feb 2000 EP 582
   DENIED THE PETITION FILED JANUARY 28, 2000, BY NS AS IT IS PREMATURE AND THE SPECIFIC RELIEF THAT IT SEEKS IS UNNECESSARY AT THIS TIME.

   Entire Board · PUBLIC VIEWS ON MAJOR RAIL CONSOLIDATIONS · also entered in FD 33842 · decision 30809
7. 2 Feb 2000 FD 33407
   SUSTAINED DM&E'S PRELIMINARY OBJECTION TO ROCHESTER'S DISCOVERY REQUESTS.

   Administrative Law Judge · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 30800
8. 2 Feb 2000 AB 33 (Sub-No. 137X)
   GRANTED UP'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO AUGUST 3, 2000.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION-- IN ADA COUNTY, ID · decision 30796
9. 2 Feb 2000 FD 33388
   REOPENED THIS PROCEEDING AND MODIFIED THE ENVIRONMENTAL CONDITION IMPOSED IN DECISION NO. 89 IN LIGHT OF THE NEGOTIATED AGREEMENT BETWEEN CSX AND THE TOWNSHIP OF MIDDLETON, WOOD COUNTY, OH, (1) ADDED THE NEGOTIATED AGREEMENT TO CONDITION NO. 51 OF APPENDIX Q OF DECISION NO. 89, AND (2) AMENDED CONDITION NO. 11 OF APPENIX Q OF DECISION NO. 89 (WHICH HAS BEEN SUPERSEDED BY THE NEGOTIATED AGREEMENT) BY DELETING THE TOWNSHIP OF MIDDLETON RECEPTORS FROM THOSE IDENTIFIED ON THE DESHLER-TOLEDO, OH LINE SEGMENT.

   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 30770
10. 2 Feb 2000 SUB 700-B
    (1) DIRECTED BNSF TO ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF TRACK OWNED AND USED IN ITS OPERATIONS THE ANNUAL PERCENTAGE RATES SHOWN; AND (2) ORDERED THAT THE RATES SHALL BE EFFECTIVE FROM JANUARY 1, 1997, TO DECEMBER 31, 2002.

    Accounting Board · THE MATTER OF PRESCRIBING DEPRECIATION RATES FOR BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY · decision 30692
11. 2 Feb 2000 NOM 41565
    FOUND THAT COLLECTION OF THE UNDERCHARGES SOUGHT IN THIS PROCEEDING WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701(A) AND SECTION 2(E) OF THE NEGOTIATED RATES ACT OF 1993.

    Entire Board · HAYWARD INDUSTRIES, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF NORTH PENN TRANSFER, INC. · decision 21144
12. 1 Feb 2000 AB 167 (Sub-No. 1132X)
    (1) REOPENED THIS PROCEEDING, (2) VACATED THE NITU SERVED ON MARCH 7, 1994, AND (3) ISSUED A REPLACEMENT NITU APPLICCABLE TO WASHINGTON COUNTY AS INTERIM TRAIL USER FOR THAT PORTION OF THE RIGHT-OF-WAY FROM MILEPOST 26.7+ TO MILEPOST 35.13, AND TO THE WEST VIRGINIA STATE RAIL AUTHORITY AND WEIRTON BOARD OF PARKS AND RECREATION COMMISSION AS INTERIM TRAIL USERS FOR THAT PORTION OF THE RIGHT-OF-WAY FROM MILEPOST 35.13 TO MILEPOST 35.7+.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--BETWEEN BURGETTSTOWN, WASHINGTON COUNTY, PA, AND COLLIERS, BROOKE COUNTY, WV · decision 30677
13. 31 Jan 2000 AB 33 (Sub-No. 120X)
    GRANTED THE AGENCIES REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU UNTIL JULY 31, 2000.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN WARREN COUNTY, IA · decision 30799
14. 31 Jan 2000 NOR 42051
    (1) GRANTED THE PARTIES' JOINT MOTION FOR A PROTECTIVE ORDER; (2) DIRECTED THE PARTIES TO COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX TO THIS DECISION; AND (3) DENIED WITHOUT PREJUDICE THE REQUEST FOR AN APPOINTMENT OF AN ALJ TO RESOLVE DISCOVERY DISPUTES.

    Secretary · WISCONSIN POWER AND LIGHT COMPANY V. UNION PACIFIC RAILROAD COMPANY · decision 30786
15. 31 Jan 2000 AB 402 (Sub-No. 7X)
    EXEMPTED, UNDER 49 U.S.C. 10-502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903, THE ABANDONMENT BY FVW OF ITS 24.64-MILE RAIL LINE IN WASHINGTON AND FOND DU LAC COUNTIES, WI, SUBJECT TO ENVIRONMENTAL, TRAIL USE AND STANDARD EMPLOYEE PROTECTI VE CONDITIONS.

    Entire Board · FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN FOND DU LAC AND WASHINGTON COUNTIES, WI · decision 30574