Week of 13 Nov 2000

Decisions served

1. 17 Nov 2000 AB 534 (Sub-No. 2X)
   GRANTED MIDNR AND LAKE STATE'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU FOR 180 DAYS UNTIL MAY 17, 2001.

   Director Of Proceedings · LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI · decision 31447
2. 17 Nov 2000 AB 303 (Sub-No. 25X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 31335
3. 16 Nov 2000 FD 33388
   REOPENED THIS PROCEEDING AND ADDED A REFERENCE TO THE 2000 AMENDMENT IN ENVIRONMENTAL CONDITION NO. 51 OF APPENDIX Q TO DECISION NO. 89.

   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 31410
4. 15 Nov 2000 AB 55 (Sub-No. 581X)
   (1) GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO FILE PETITIONS; (2) SET A PROCEDURAL SCHEDULE; AND (3) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION UNTIL DECEMBER 29, 2000

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FAYETTE AND RALEIGH COUNTIES, WV · decision 31448
5. 15 Nov 2000 NOR 42051
   (1) GRANTED UP'S MOTION TO PERMIT THE FILING OF BRIEFS, SUBJECT TO THE RESTRICTION AGAINST THE INTRODUCTION OF NEW EVIDENCE; (2) ORDERED THAT BRIEFS NOT TO EXCEED 25 PAGES IN LENGTH ARE DUE DECEMBER 15, 2000; AND (3) ORDERED UP TO PROVIDE THE INFORMATION ON CYCLE TIMES.

   Secretary · WISCONSIN POWER AND LIGHT COMPANY V. UNION PACIFIC RAILROAD COMPANY · decision 31428
6. 15 Nov 2000 FD 33959
   NOTICE THAT BTRC HAD FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM BNSF AND OPERATE BNSF'S MEEKER-MCMILLIN LINE LOCATED BETWEEN MEEKER AND MCMILLIN IN PIERCE COUNTY, WA.

   Director Of Proceedings · BALLARD TERMINAL RAILROAD COMPANY, L.L.C. D/B/A MEEKER SOUTHERN RAILROAD--ACQUISITION AND OPERATION EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31425
7. 15 Nov 2000 AB 290 (Sub-No. 208X)
   GRANTED CNOPT AN EXEMPTION FROM 49 U.S.C. 10903-05, SUBJECT TO TWO ENVIRONMENTAL CONDITIONS AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CUMBERLAND AND ROANE COUNTIES, TN · decision 31273
8. 15 Nov 2000 NOR 42050
   (1) FOUND THAT IC'S DEMURRAGE TARIFF IS REASONABLE AND MAY BE APPLIED TO THE INVOLVED TRAFFIC; (2) FOUND THAT THE LIABILITY OF SOUTH-TEC FOR THE DEMURRAGE CHARGES DEPENDS UPON WHETHER IT ACTED AS THE AGENT OF DONNELLEY WHEN IT RECEIVED SHIPMENTS AT ITS WAREHOUSE; (3) CONCLUDED THAT THE AGENCY QUESTION IS BEST DETERMINED BY THE COURT; AND (4) DISCONTINUED THIS PROCEEDING.

   Entire Board · SOUTH-TEC DEVELOPMENT WAREHOUSE, INC., AND R.R. DONNELLEY & SONS COMPANY--PETITION FOR DECLARATORY ORDER--ILLINOIS CENTRAL RAILROAD COMPANY · decision 30916
9. 15 Nov 2000 NOR 42006
   DENIED THE PETITION FILED BY OPPD TO REOPEN AND THE PROCEEDING IS DISCONTINUED.

   Entire Board · OMAHA PUBLIC POWER DISTRICT V. UNION PACIFIC RAILROAD COMPANY · decision 28698
10. 14 Nov 2000 AB 491-X
    GRANTED R.J. CORMAN RAILROAD COMPANY AND CAMBRIA COUNTY CONSERVATION AND RECREATION AUTHORITY'S REQUEST TO EXTEND THE NITU NEGOTIATION PERIOD UNTIL DECEMBER 14, 2000.

    Director Of Proceedings · R. J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES--ABANDONMENT EXEMPTION--IN CAMBRIA COUNTY, PA · decision 31432
11. 14 Nov 2000 AB 439 (Sub-No. 4X)
    (1) REOPENED THIS PROCEEDING; (2) MODIFIED THE NOTICE OF EXEMPTION SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON NOVEMBER 4, 1999, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING FOR THE RAIL LINE KNOWN AS THE ATHENS BRANCH EAST; AND (3) DIRECTED THAT DART MUST NOTIFY THE BOARD IF IT IS GOING TO DISCONTINUE RAIL BANKING AND CONSUMMATE THE ABANDONMENT.

    Director Of Proceedings · DALLAS AREA RAPID TRANSIT--ABANDONMENT EXEMPTION--IN DALLAS COUNTY, TX · decision 31427
12. 14 Nov 2000 AB 303 (Sub-No. 21X)
    RECOMMENDED THAT A CONDITION BE IMPOSED REQUIRING WCL TO CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS' NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC MARKERS.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN MARQUETTE COUNTY, MI · decision 31413
13. 14 Nov 2000 AB 571 (Sub-No. 1X)
    FOUND THAT ABANDONMENT OF THE INVOLVED RAIL LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

    Director Of Proceedings · STROUDS CREEK AND MUDDLETY RAILROAD--ABANDONMENT EXEMPTION--IN WEBSTER AND NICHOLAS COUNTIES, WV · decision 31357
14. 14 Nov 2000 AB 33 (Sub-No. 70)
    DENIED A PETITION FILED BY CITIZENS AGAINST RAILS-TO-TRAILS TO REOPEN THE BOARD'S JUNE 26, 2000 DECISION IN THIS PROCEEDING.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--WALLACE BRANCH, ID · decision 31195
15. 13 Nov 2000 AB 290 (Sub-No. 192X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE DECISION SERVED ON JANUARY 25, 2000.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND WOODFORD COUNTIES, KY · decision 31430
16. 13 Nov 2000 NOR 42056
    GRANTED THE JOINT MOTION FOR PROTECTIVE ORDER; (2) DIRECTED THE PARTIES TO COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX TO THIS DECISION; AND (3) SET A REVISED PROCEDURAL SCHEDULE.

    Secretary · TEXAS MUNICIPAL POWER AGENCY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31421
17. 13 Nov 2000 AB 406 (Sub-No. 12X)
    NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AND CENTRAL KANSAS RAILWAY LIMITED LIABILITY COMPANY (CKR), FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 FOR UP TO ABANDON AND FOR CKR TO DISCONTINUE SERVICE OVER A RAIL LINE IN MCPHERSON, ELLSWORTH, AND RICE COUNTIES, KS.

    Director Of Proceedings · CENTRAL KANSAS RAILWAY LIMITED LIABILITY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN MCPHERSON, ELLSWORTH AND RICE COUNTIES, KS · also entered in AB 33 (Sub-No. 158X) · decision 31408