Week of 31 Dec 2001

Decisions served

1. 4 Jan 2002 FD 32760
   GRANTED UP'S REQUESTS FOR AN EXTENSION FOR FILING REPLIES TO THE BNSF-98 PETITION TO JANUARY 14, 2002.

   Secretary · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY UP-SP MERGER · decision 32468
2. 4 Jan 2002 AB 290 (Sub-No. 213X)
   NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD IN WISE COUNTY, VA.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WISE COUNTY, VA · decision 32409
3. 4 Jan 2002 AB 290 (Sub-No. 232X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FAYETTE COUNTY, WV · decision 32397
4. 4 Jan 2002 AB 290 (Sub-No. 224X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN PIKE COUNTY, KY · decision 32388
5. 4 Jan 2002 AB 290 (Sub-No. 218X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 32387
6. 4 Jan 2002 AB 6 (Sub-No. 390X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--BETWEEN LOVING AND PECOS JUNCTION, NM, AND BETWEEN PECOS JUNCTION, NM, AND RUSTLER SPRINGS, TX · decision 32386
7. 4 Jan 2002 AB 596
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · decision 32364
8. 3 Jan 2002 AB 33 (Sub-No. 143X)
   GRANTED ITC'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO JULY 14, 2002.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN WRIGHT, FRANKLIN AND CERRO GORDO COUNTIES, IA · decision 32424
9. 2 Jan 2002 AB 55 (Sub-No. 600X)
   REMOVED THE SECTION 106 HISTORIC CONDITION IMPOSED IN THE DECISION SERVED DECEMBER 10, 2001.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN LOGAN COUNTY, WV · decision 32444
10. 2 Jan 2002 AB 55 (Sub-No. 598X)
    REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE DECISION SERVED ON NOVEMBER 7, 2001.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GREENBRIER COUNTY, WV · decision 32440
11. 31 Dec 2001 AB 290 (Sub-No. 218X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD AT KOPP, BUCHANAN COUNTY, VA.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 32408
12. 31 Dec 2001 AB 33 (Sub-No. 158X)
    EXTENDED THE NEGOTIATING PERIODS UNDER THE NITU FOR: (1) LINDSBORG FOR A PERIOD OF 90 DAYS FROM DECEMBER 6, 2001, UNTIL MARCH 6, 2002; AND (2) MARQUETTE FOR A PERIOD OF 90 DAYS FROM JANUARY 2, 2002, UNTIL APRIL 2, 2002.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MCPHERSON, ELLSWORTH AND RICE COUNTIES, KS · decision 32400
13. 31 Dec 2001 AB 290 (Sub-No. 232X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD IN FAYETTE COUNTY, WV.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FAYETTE COUNTY, WV · decision 32395
14. 31 Dec 2001 AB 471 (Sub-No. 4X)
    APPROVED TPL'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL MAY 24, 2002.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CRAWFORD, WILSON, ELK AND GREENWOOD COUNTIES, KS, AND OSAGE AND TULSA COUNTIES, OK · decision 32391
15. 31 Dec 2001 AB 290 (Sub-No. 224X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD AT APACHE COAL, IN PIKE COUNTY, KY.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN PIKE COUNTY, KY · decision 32384
16. 31 Dec 2001 AB 290 (Sub-No. 225X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN PIKE COUNTY, KY · decision 32370
17. 31 Dec 2001 FD 34098
    DENIED THE REQUEST FOR ORAL HEARING, DENIED THE MOTIONS FOR MORE DEFINITIVE ANSWER, INSTITUTED A DECLARATORY ORDER PROCEEDING, AND SET A PROCEDURAL SCHEDULE.

    Director Of Proceedings · RYMES HEATING OILS, INC--PETITION FOR DECLARATORY ORDER · decision 32171
18. 31 Dec 2001 FD 34041
    DENIED THE (1) MOTION TO DISMISS THE AMENDED COMPLAINT FILED BY BNSF AND UP; AND (2) DEFENDANTS' MOTION FOR ISSUANCE OF SUBPOENAS DUCES TECUM; GRANTED THE REQUEST OF GOLD FIELDS MINING COMPANY AND LEE RANCH COAL COMPANY TO INTERVENE AND REPLY TO THE MOTION FOR ISSUANCE OF SUBPOENAS DUCES TECUM.

    Entire Board · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · also entered in NOR 42058 · decision 31725