Week of 29 Apr 2002

Decisions served

1. 3 May 2002 AB 33 (Sub-No. 170)
   (1) GRANTED MAR'S REQUEST TO EXTEND THE TIME PERIOD FOR EITHER PARTY TO REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE; AND (2) INSTRUCTED THE PARTIES THAT IF THEY CANNOT AGREE ON THE PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE ON OR BEFORE MAY 20, 2002.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN POLK COUNTY, IOWA · decision 32750
2. 3 May 2002 AB 6 (Sub-No. 392X)
   GRANTED MONTANA DEPARTMENT OF TRANSPORTATION'S REQUEST FOR ISSUANCE OF A PUBLIC USE CONDITION.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FLATHEAD COUNTY, MT · decision 32745
3. 3 May 2002 AB 303 (Sub-No. 20X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO NOVEMBER 3, 2002.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 32737
4. 3 May 2002 AB 391 (Sub-No. 8X)
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 CONDITION IMPOSED IN THE DECISION SERVED OCTOBER 5, 2001.

   Director Of Proceedings · RED RIVER VALLEY & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DICKEY COUNTY, ND AND BROWN COUNTY, SD · decision 32732
5. 3 May 2002 FD 34173
   NOTICE THAT FILLMORE & WESTERN FREIGHT SERVICE, LLC, FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE AND OPERATE A LINE OF RAILROAD OWNED BY THE VENTURA COUNTY TRANSPORTATION COMMISSION, IN VENTURA COUNTY, CA.

   Director Of Proceedings · FILLMORE & WESTERN FREIGHT SERVICE, LLC--LEASE AND OPERATION EXEMPTION--VENTURA COUNTY TRANSPORTATION COMMISSION · decision 32681
6. 2 May 2002 AB 33 (Sub-No. 145X)
   (1) AMENDED THE NITU IN THIS PROCEEDING AS REQUESTED BY UP TO MODIFY THE REFERENCED MILEPOST 30.63 TO MILEPOST 30.35; AND (2) EXTENDED THE NITU NEGOTIATING PERIOD FOR THE LINE SSEGMENT BETWEEN MILEPOST 26.43 AND MILEPOST 30.35 TO NOVEMBER 3, 2002.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN STANISLAUS COUNTY, CA · decision 32717
7. 2 May 2002 FD 34188
   NOTICE THAT SCIH HAS FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE, PURSUANT TO AN AGREEMENT ENTERED INTO BETWEEN ISG AND LTV STEEL COMPANY, INC., THE RAILROAD LINES, TRACKAGE RIGHTS, AND SUBSTANTIALLY ALL OTHER ASSETS OF THE CSL.

   Director Of Proceedings · ISG SOUTH CHICAGO & INDIANA HARBOR RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--RAIL LINES OF THE CHICAGO SHORT LINE RAILWAY COMPANY · decision 32680
8. 1 May 2002 AB 565 (Sub-No. 2X)
   MODIFIED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT SERVED SEPTEMBER 10, 2001, TO PROVIDE THE NYC RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF THE BRIDGES IDENTIFIED (BOGASTOW BROOK BRIDGE, HIGHLAND STREET TUNNEL, THE ARCH STREET BRIDGE, THE EXCHANGE STREET RAILROAD BRIDGE AND THE WINTHROP CAN BRIDGE) UNTIL COMPLETION OF THE SECTION 106 PROCESS OF THE NHPA.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 32714
9. 1 May 2002 FD 34194
   NOTICE THAT UNION PACIFIC RAILROAD COMPANY HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FROM UP'S MILEPOST 2.3 IN OMAHA, NE TO MILEPOST 76.0 IN SIOUX CITY, IA.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY -- TRACKAGE RIGHTS EXEMPTION -- UNION PACIFIC RAILROAD COMPANY · decision 32695
10. 1 May 2002 NOR 42072
    GRANTED CAROLINA POWER & LIGHT COMPANY'S MOTION TO COMPEL DISCOVERY OF RAIL TRANSPORTATION CONTRACTS.

    Secretary · CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 32655
11. 30 Apr 2002 AB 33 (Sub-No. 126X)
    GRANTED THE REQUEST OF WISCONSIN DEPARTMENT OF TRANSPORTATION TO EXTEND THE INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL OCTOBER 18, 2002.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, WI · decision 32721
12. 30 Apr 2002 AB 55 (Sub-No. 592X)
    GRANTED THE CITY OF JEFFERSONVILLE'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD FOR THE LINE SEGMENT BETWEEN MILEPOSTS B-5.52 AND B-6.7.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK COUNTY, IN · decision 32708
13. 30 Apr 2002 WCC 104
    DISMISSED TRAILER BRIDGE'S COMPLAINT WITH PREDJUDICE, AND DISCONTINUED THIS PROCEEDING.

    Secretary · TRAILER BRIDGE, INC. V. SEA STAR LINES, LLC · decision 32693
14. 30 Apr 2002 EP 589
    INSTITUTED THIS PROCEEDING TO SETTLE HOW TO ESTIMATE THE VARIABLE COSTS OF NON-CLASS I RAILROADS-- CARRIERS THAT ARE NOT REQUIRED TO KEEP THEIR ACCOUNTING RECORDS IN ACCORDANCE WITH OUR UNIFORM SYSTEM OF ACCOUNTS OR TO FILE ANNUAL REPORTS CONTAINING THE INFORMATION NEEDED TO CALCULATE VARIABLE COSTS USING THE UNIFORM RAILROAD COSTING SYSTEM--IN ANY FUTURE RAIL RATE CASES.

    Entire Board · CALCULATION OF VARIABLE COSTS IN RATE COMPLAINT PROCEEDINGS INVOLVING NON-CLASS I RAILROADS · decision 32676
15. 30 Apr 2002 FD 34057
    (1) GRANTED GDOT'S MOTION TO DISMISS THE VERIFIED NOTICE OF EXEMPTION; AND (2) DISCONTINUED THE PROCEEDING.

    Entire Board · STATE OF GEORGIA, DEPARTMENT OF TRANSPORTATION--ACQUISITION EXEMPTION--SOUTH CAROLINA CENTRAL RAILROAD, INC. · decision 32458
16. 29 Apr 2002 AB 6 (Sub-No. 391X)
    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 · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY-- ABANDONMENT EXEMPTION--IN GAGE COUNTY, NE · decision 32710
17. 29 Apr 2002 AB 565 (Sub-No. 7X)
    REOPENED THE PROCEEDING TO IMPOSE CERTAIN ENVIRONMENTAL CONDITIONS AND MODIFIED THE MARCH 29, 2002 NOTICE EXEMPTING THE ABANDONMENT OF THE LINE TO IMPOSE INTERIM TRAIL USE/RAIL BANKING AND PUBLIC USE CONDITIONS.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN SUFFOLK COUNTY, MA · decision 32682