Week of 12 Jun 2000

Decisions served

1. 16 Jun 2000 AB 364 (Sub-No. 4X)
   (1) REOPENED THIS PROCEEDING; (2) REMOVED THE CONDITION IMPOSED IN THE JUNE 24, 1999 DECISION TO IMPLEMENT THE SECTION 7 PROCESS OF THE ENDANGERED SPECIES ACT; AND (3) REJECTED THE NOTICE OF CONSUMMATION FILED ON MAY 22, 2000.

   Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.--ABANDONMENT EXEMPTION-KENT AND IONIA COUNTIES, MI · decision 31109
2. 16 Jun 2000 AB 55 (Sub-No. 576X)
   GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO JULY 19, 2000.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GUERNSEY COUNTY, OH · decision 31088
3. 16 Jun 2000 EP 385 (Sub-No. 4)
   MODIFIED THE EXISTING REGULATIONS AT 49 CFR PART 1244 TO REQUIRE ALL RAILROADS TO IDENTIFY CONTRACT MOVEMENTS IN THE ANNUAL CARLOAD WAYBILL SAMPLE AND ESTABLISH A 30-YEAR LIMIT ON THE CONFIDENTIALITY OF THE 'WAYBILL SAMPLE.'

   Entire Board · MODIFICATION OF THE CARLOAD WAYBILL SAMPLE AND PUBLIC USE FILE · decision 31078
4. 15 Jun 2000 AB 564
   NOTICE THAT CSPR FILED WITH THE BOARD, AN APPLICATION FOR PERMISSION FOR THE ABANDONMENT OF A LINE OF RAILROAD KNOWN AS THE 2ND SUBDIVISION OR GRANGEVILLE LINE IN LEWIS, NEZ PERCE, AND IDAHO COUNTIES, ID.

   Director Of Proceedings · CAMAS PRAIRIE RAILNET, INC.—ABANDONMENT— IN LEWIS, NEZ PERCE, AND IDAHO COUNTIES, IDAHO (BETWEEN SPALDING AND GRANGEVILLE, IDAHO) · decision 31076
5. 14 Jun 2000 NOR 42031
   GRANTED CSXT'S REQUEST FOR AN EXTENSION TO FILE PETITIONS FOR RECONSIDERATION TO JULY 5, 2000.

   Secretary · PARRISH & HEIMBECKER, INC.--PETITION FOR DECLARATORY ORDER · decision 31110
6. 14 Jun 2000 FD 33879
   NOTICE THAT BNSF HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UP OVER BNSF'S RAIL LINE BETWEEN BNSF MILEPOST 117.4 NEAR SHAWNEE JUNCTION, WY, AND BNSF MILEPOST 0.0 NEAR NORTHPORT, NE, A DISTANCE OF 143.1 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31098
7. 14 Jun 2000 AB 303 (Sub-No. 23X)
   NOTICE THAT WC FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903-05 TO ABANDON A LINE OF RAILROAD KNOWN AS THE CRANDON-WHITE LAKE LINE, IN FOREST AND LANGLADE COUNTIES, WI.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN FOREST AND LANGLADE COUNTIES, WI · decision 31090
8. 14 Jun 2000 NOR 42030
   (1) DENIED WILSON FERTILIZER & GRAIN'S MOTION TO STRIKE, (2) ACCEPTED IHRC'S REBUTTAL STATEMENT INTO THE RECORD, (3) GRANTED THE TRUSTEE'S REQUEST FOR DECLARATORY ORDER TO THE EXTENT SPECIFIED, AND (4) DISCONTINUED THIS PROCEEDING.

   Entire Board · R. FRANKLIN UNGER, TRUSTEE OF THE INDIANA HI-RAIL CORPORATION, DEBTOR--PETITION FOR DECLARATORY ORDER--ASSESSMENT AND COLLECTION OF DEMURRAGE AND SWITCHING CHARGES · decision 29241
9. 13 Jun 2000 AB 55 (Sub-No. 574X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU FOR AN ADDITIONAL 180 DAYS TO DECEMBER 11, 2000.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN HARLAN COUNTY, KY · decision 31108
10. 13 Jun 2000 AB 437 (Sub-No. 1)
    GRANTED KSW'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT, WHICH MUST BE EXERCISED ON OR BEFORE DECEMBER 11, 2000.

    Director Of Proceedings · KANSAS SOUTHWESTERN RAILWAY, L.L.C.--ABANDONMENT--IN SUMNER, HARPER, BARBER, RENO AND KINGMAN COUNTIES, KS · decision 31079
11. 13 Jun 2000 AB 55 (Sub-No. 577X)
    NOTICE THAT CSXT FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A PORTION OF ITS LINE OF RAILROAD KNOWN AS ITS RICHMOND SUBDIVISION, EXTENDING FROM RAILROAD MILEPOST CI-61.90 TO RAILROAD MILEPOST CI-63.21 AT THE END OF TRACK, IN RICHMOND, WAYNE COUNTY, INDIANA.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WAYNE COUNTY, IN · decision 31071
12. 13 Jun 2000 NOR 42052
    NOTICE THAT THE BOARD IS INSTITUTING A PROCEEDING UNDER 5 U.S.C. 554(E) TO RESOLVE QUESTIONS CONCERNING THE RIGHT OF A RAIL CARRIER TO IMPOSE CHARGES UNILATERALLY AGAINST OTHER CARRIERS FOR EVENTS THAT MAY OCCUR WHEN CARS ARE INTERCHANGED.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER--UNILATERALLY IMPOSED INTERCHANGE CHARGES · decision 30845
13. 12 Jun 2000 AB 55 (Sub-No. 579X)
    CORRECTED THE ENVIRONMENTAL ASSESSMENT( EA) SERVED ON JUNE 2, 2000, IN ABOVE PROCEEDING, WHICH INADVERTENTLY ISSUED AN INCORRECT DUE DATE FOR THE FILING OF COMMENTS TO THE EA ON PAGE 5.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PARKE AND VERMILLION COUNTIES, IN · decision 31106
14. 12 Jun 2000 AB 6 (Sub-No. 387X)
    (1) REOPENED THE ABOVE PROCEEDING, AND (2) GRANTED THE REQUESTS FOR IMPOSITION OF A PUBLIC USE CONDITION.

    Director Of Proceedings · BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY-- ABANDONMENT EXEMPTION --IN STEARNS COUNTY, MN · decision 31087
15. 12 Jun 2000 EP 558 (Sub-No. 3)
    (1) DISCONTINUED THE ABOVE PROCEEDING, AND (2) FOUND THAT IN 1999, THE RAILROAD INDUSTRY HAD A COMPOSITE AFTER-TAX COST OF CAPITAL OF 10.8%, BASED ON: (1) A CURRENT COST OF DEBT OF 7.2%; (2) A CURRENT COST OF COMMON EQUITY CAPITAL OF 12.9%; (3) A COST OF PREFERRED EQUITY CAPITAL OF 6.3%; AND (4) A CAPITAL STRUCTURE MIX OF 35.5% DEBT, 62.7% COMMON EQUITY, AND 1.8% PREFERRED EQUITY CAPITAL.

    Entire Board · RAILROAD COST OF CAPITAL - 1999 · decision 31030
16. 12 Jun 2000 FD 33388
    REOPENED THE ABOVE PROCEEDING AND MODIFIED THE ENVIRONMENTAL CONDITION IMPOSED IN DECISION NO. 89 IN LIGHT OF THE NEGOTIATED AGREEMENT BETWEEN CSX AND THE VILLAGE OF GRAFTON, OH, BY: (1) ADDING THE NEGOTIATED AGREEMENT TO ENVIRONMENTAL CONDITION NO. 51 OF APPENDIX Q OF DECISION NO. 89; AND (2) AMENDING ENVIRONMENTAL CONDITION NO. 11 OF APPENDIX Q OF DECISION NO. 89 (WHICH HAS BEEN SUPERSEDED BY THE NEGOTIATED AGREEMENT) BY DELETING THE VILLAGE OF GRAFTON, OH, FROM THE LIST OF COMMUNITIES ON THE BEREA-GREENWICH, 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 30986
17. 12 Jun 2000 FD 33388
    REOPENED THE ABOVE PROCEEDING AND MODIFIED THE ENVIRONMENTAL CONDITION IMPOSED IN DECISION NO. 89 IN LIGHT OF THE NEGOTIATED AGREEMENT BETWEEN CSX AND THE CITY OF CUYAHOGA HEIGHTS, OH, BY (1) ADDING THE NEGOTIATED AGREEMENT TO ENVIRONMENTAL CONDITION NO. 51 OF APPENDIX Q OF DECISION NO. 89; AND (2) AMENDING ENVIRONMENTAL CONDITION NO. 11 OF APPENDIX Q OF DECISION NO. 89 (WHICH HAS BEEN SUPERSEDED BY THE NEGOTIATED AGREEMENT) BY DELETING THE CITY OF CUYAHOGA HEIGHTS, OH, FROM THE MAYFIELD-MARCY, 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 30985