Week of 19 Mar 2001

Decisions served

1. 23 Mar 2001 AB 290 (Sub-No. 212X)
   EXTENDED THE DUE DATE FOR NORFOLK SOUTHERN RAILWAY COMPANY AND CSX TRANSPORTATION, INC. TO FILE SUPPLEMENTAL INFORMATION AND ENVIRONMENTAL REPORTS TO MAY 4, 2001.

   Secretary · NORFOLK SOUTHERN RAILWAY COMPANY--DISCONTINUANCE EXEMPTION--IN HUDSON COUNTY, NJ · also entered in AB 55 (Sub-No. 584X) · decision 31754
2. 23 Mar 2001 EP 582 (Sub-No. 1)
   ACCEPTED A LATE-FILED REQUEST FROM THE BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES TO PARTICIPATE IN THE ORAL ARGUMENT SCHEDULED FOR THURSDAY, APRIL 5, 2001.

   Entire Board · MAJOR RAIL CONSOLIDATION PROCEDURES · decision 31747
3. 23 Mar 2001 FD 33862
   NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT MARCH 9, 2001, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

   Secretary · PUBLIC SERVICE COMPANY OF COLORADO--CONSTRUCTION EXEMPTION--PUEBLO COUNTY, CO · decision 31743
4. 23 Mar 2001 AB 55 (Sub-No. 585X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION INC.--ABANDONMENT EXEMPTION--IN BOONE COUNTY, WV · decision 31707
5. 23 Mar 2001 AB 31 (Sub-No. 37X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDONMENT EXEMPTION--IN OAKLAND COUNTY, MI · decision 31652
6. 23 Mar 2001 NOR 42053
   (1) GRANTED CONSOLIDATED RAIL CORPORATION, INC.'S (CONRAIL) REQUEST FOR CLARIFICATION; AND (2) DENIED CONRAIL'S MOTION FOR RECONSIDERATION.

   Entire Board · THE TOWNSHIP OF WOODBRIDGE, NJ, ET AL. V. CONSOLIDATED RAIL CORPORATION, INC. · decision 31546
7. 23 Mar 2001 NOR 41191
   DENIED WEST TEXAS UTILITIES COMPANY'S PETITION FOR RECONSIDERATION AND ITS REQUEST FOR ORAL ARGUMENT.

   Entire Board · WEST TEXAS UTILITIES COMPANY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31161
8. 22 Mar 2001 FD 34007
   NOTICE THAT CNR HAS FILED A NOTICE OF EXEMPTION, FOR WHAT CNR DESCRIBES AS A CORPORATE FAMILY TRANSACTION INVOLVING CNR'S CREATION WITH THE CANADIAN PACIFIC RAILWAY COMPANY OF A NEW PARTNERSHIP, TO CONTROL CERTAIN RAIL ASSETS CURRENTLY CONTROLLED BY CNCP NIAGARA-WINDSOR PARTNERSHIP.

   Director Of Proceedings · CANADIAN NATIONAL RAILWAY COMPANY--CORPORATE FAMILY TRANSACTION EXEMPTION--INTEREST IN DETROIT RIVER TUNNEL AND NIAGARA RIVER BRIDGE · decision 31703
9. 22 Mar 2001 FD 33984
   NOTICE THAT BOREALIS INFRASTRUCTURE TRUST MANAGEMENT, INC., FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE, PURSUANT TO A SHARE AND ASSET PURCHASE AGREEMENT WITH CANADIAN NATIONAL RAILWAY COMPANY, DNR'S UNDIVIDED ONE-HALF INTEREST IN THE DETROIT RIVER TUNNEL COMPANY.

   Director Of Proceedings · BOREALIS INFRASTRUCTURE TRUST MANAGEMENT INC., SOLE TRUSTEE OF THE BOREALIS TRANSPORTATION INFRASTRUCTURE TRUST--ACQUISITION EXEMPTION--DETROIT RIVER TUNNEL COMPANY · decision 31697
10. 22 Mar 2001 FD 34005
    NOTICE THAT CPR HAS FILED A VERIFIED NOTICE OF EXEMPTION FOR WHAT CPR DESCRIBES AS A CORPORATE FAMILY TRANSACTION INVOLVING CPR'S REORGANIZATION OF CERTAIN ASSETS IN THE DETROIT RIVER TUNNEL AND THE NIAGARA RIVER BRIDGE.

    Director Of Proceedings · CANADIAN PACIFIC RAILWAY COMPANY--CORPORATE FAMILY TRANSACTION EXEMPTION--INTERESTS IN DETROIT RIVER TUNNEL AND NIAGARA RIVER BRIDGE · decision 31695
11. 22 Mar 2001 FD 33862 (Sub-No. 1)
    (1) GRANTED PSCO'S TRACK CROSSING REQUEST UNDER 49 U.S.C. 10901(D); (2) ORDERED PSCO AND BNSF THAT WITHIN 45 DAYS OF SERVICE OF THIS DECISION TO NEGOTIATE THE COMPENSATION AND ANY REMAINING TERMS FOR THE CROSSING, AND PSCO SHALL FILE A REPORT WITH THE BOARD; AND (3) FOUND THAT THE BOARD SERVES JURISDICTION OVER THIS PROCEEDING UNTIL SUCH TIME AS THE PARTIES HAVE REACH A CROSSING AGREEMENT.

    Entire Board · PUBLIC SERVICE COMPANY OF COLORADO--PETITION FOR CROSSING AUTHORITY UNDER 49 U.S.C. 10901(D) · decision 31499
12. 21 Mar 2001 FD 29430 (Sub-No. 21)
    GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S MOTION FILED ON MARCH 8, 2001, REQUESTING THAT THE BOARD HOLD THIS PROCEEDING IN ABEYANCE PENDING DISCUSSIONS DIRECTED TOWARD REACHING A NEGOTIATED SOLUTION OF THE ISSUES.

    Secretary · NORFOLK SOUTHERN CORPORATION--CONTROL--NORFOLK AND WESTERN RAILWAY COMPANY AND SOUTHERN RAILWAY COMPANY (ARBITRATION REVIEW) · decision 31751
13. 21 Mar 2001 FD 34015
    NOTICE THAT WRC HAS FILED A NOTICE OF EXEMPTION TO ACQUIRE, PURSUANT TO AN NEGOTIATED AGREEMENT THE PARTIES WERE IN THE PROCESS OF EXECUTING, A NONEXCLUSIVE FREIGHT OPERATING EASEMENT OVER A LINE OF BAR AT MADAWASKA, ME AND AT CANADIAN JUNCTION, AND VAN BUREN BRIDGE COMPANY AT THE UNITED STATES-CANADA BORDER.

    Director Of Proceedings · WATERLOO RAILWAY COMPANY--ACQUISITION EXEMPTION--BANGOR AND AROOSTOOK RAILROAD COMPANY AND VAN BUREN BRIDGE COMPANY · decision 31718
14. 21 Mar 2001 FD 34014
    NOTICE THAT BANGOR AND AROOSTOOK RAILROAD COMPANY AND VAN BUREN BRIDGE COMPANY, PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT TO BE ENTERED INTO BETWEEN BAR, VBBC AND CANADIAN NATIONAL RAILWAY COMPANY, WILL GRANT LIMITED LOCAL TRACKAGE RIGHTS TO CNR OVER BAR'S TRACK AT CANADIAN JUNCTION, AT THE UNITED STATES-CANADA BORDER.

    Director Of Proceedings · CANADIAN NATIONAL RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--BANGOR AND AROOSTOOK RAILROAD COMPANY AND VAN BUREN BRIDGE COMPANY · decision 31717
15. 20 Mar 2001 EP 290 (Sub-No. 5)
    APPROVED THE SECOND QUARTER 2001 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.076, RCAF (ADJUSTED) OF 0.588, AND RCAF-5 IF 0.565.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 31714
16. 20 Mar 2001 AB 55 (Sub-No. 585X)
    NOTICE THAT CSXT HAS FILED A NOTICE OF EXEMPTION TO ABANDON A 1.74-MILE LINE OF ITS RAILROAD IN BOONE COUNTY, WV.

    Director Of Proceedings · CSX TRANSPORTATION INC.--ABANDONMENT EXEMPTION--IN BOONE COUNTY, WV · decision 31702
17. 20 Mar 2001 AB 434 (Sub-No. 3X)
    NOTICE THAT WINCHESTER & WESTERN RAILROAD COMPANY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD, AT OR NEAR HALEYVILLE, IN THE TOWNSHIP OF COMMERCIAL, IN CUMBERLAND COUNTY, NJ.

    Director Of Proceedings · WINCHESTER & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CUMBERLAND COUNTY, NJ · decision 31701
18. 20 Mar 2001 AB 33 (Sub-No. 165X)
    RECOMMENDED THAT A CONDITION BE IMPOSED REQUIRING UP TO CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS' NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC MARKER.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CADDO PARISH, LA · decision 31689
19. 19 Mar 2001 AB 402 (Sub-No. 6X)
    GRANTED WISDNR AND FVW'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 15, 2001.

    Director Of Proceedings · FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN WAUPACA COUNTY, WI · decision 31723
20. 19 Mar 2001 EP 585
    DISCUSSED THE PRACTICE OF USING THIRD-PARTY CONTRACTORS TO AID IN PREPARING ENVIRONMENTAL DOCUMENTATION NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL POLICY ACT, AND RELATED ENVIRONMENTAL LAWS IN BOARD PROCEEDINGS.

    Entire Board · POLICY STATEMENT ON USE OF THIRD-PARTY CONTRACTING IN PREPARATION OF ENVIRONMENTAL DOCUMENTATION · decision 31692
21. 19 Mar 2001 AB 364 (Sub-No. 5X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · TEXAS AND NORTHEASTERN RAILROAD, A DIVISION OF MID-MICHIGAN RAILROAD, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN BOWIE COUNTY, TX · also entered in AB 33 (Sub-No. 159X) · decision 31685
22. 19 Mar 2001 FD 33950
    GRANTED THE PETITION OF THE CITY OF DETROIT TO REOPEN AND REVOKE THE NOTICE OF EXEMPTION FILED IN THIS PROCEEDING BY THE JEFFERSON TERMINAL RAILROAD COMPANY.

    Entire Board · JEFFERSON TERMINAL RAILROAD CO.--ACQUISITION AND OPERATION EXEMPTION--CROWN ENTERPRISES, INC. · decision 31543