Week of 22 Jul 2002

Decisions served

1. 26 Jul 2002 AB 55 (Sub-No. 586X)
   (1) GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME; AND (2) ORDERED THAT THE AUTHORITY TO ABANDON THE LINE SEGMENT EXTENDING BETWEEN MILEPOST OKW 333.62 AND MILEPOST OKW 334.24 MUST BE EXERCISED ON OR BEFORE JANUARY 27, 2003.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MCMINN COUNTY, TN · decision 32937
2. 26 Jul 2002 AB 314 (Sub-No. 2X)
   NOTICE THAT CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY FILED A PETITION FOR EXEMPTION TO ABANDON A SEGMENT OF THE MARION-LOUISA INDUSTRY LEAD, A DISTANCE OF APPROXIMATELY 3.8 MILES IN LINN COUNTY, IA.

   Director Of Proceedings · CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LINN COUNTY, IA · decision 32900
3. 26 Jul 2002 FD 34222
   NOTICE THAT FRASER N.H. LLC FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM BERLIN MILLS RAILWAY, INC. APPROXIMATELY: (1) 5.5 MILES OF RAIL LINE BETWEEN MILEPOST 154.6 AT BERLIN, NH, AND MILEPOST 149.1 AT GORHAM, NH; AND (2) 0.5 MILES OF RAIL LINE IN THE VICINITY OF BERLIN, A TOTAL DISTANCE OF APPROXIMATELY 6.0 MILES IN COOS COUNTY, NH.

   Director Of Proceedings · FRASER N.H. LLC--ACQUISITION EXEMPTION--RAIL LINES OF BERLIN MILLS RAILWAY, INC. · decision 32898
4. 26 Jul 2002 FD 34013
   (1) DENIED THE PETITION OF B. WILLIS, C.P.A., INC., FILED JUNE 21, 2002, TO REOPEN AN ADMINISTRATIVELY FINAL DECISION SERVED OCTOBER 3, 2001 IN THIS PROCEEDING; AND (2) FOUND THAT THE EVIDENCE THE PETITIONER BROUGHT WAS NOT NEW EVIDENCE AND DID NOT LEAD THE BOARD TO ANY DIFFERENT CONCLUSIONS.

   Entire Board · B. WILLIS, C.P.A., INC.--PETITION FOR DECLARATORY ORDER · decision 32879
5. 26 Jul 2002 EP 552 (Sub-No. 6)
   (1) EMPLOYED THE PROCEDURES FOR REVENUE ADEQUACY DETERMINATIONS CONTAINED IN STANDARDS FOR RAILROAD REVENUE ADEQUACY, 364 I.C.C. 803 (1981), STANDARDS FOR RAILROAD REVENUE ADEQUACY, 3 I.C.C. 2D 261(1986), AND SUPPLEMENTAL REPORTING OF CONSOLIDATED INFORMATION FOR REVENUE ADEQUACY PURPOSES, 5 I.C.C. 2D 65 (1988); AND (2) FOUND NO CARRIER TO BE REVENUE ADEQUATE FOR 2001.

   Entire Board · RAILROAD REVENUE ADEQUACY-2001 DETERMINATION · decision 32858
6. 26 Jul 2002 NOR 42069
   (1) ACCEPTED DUKE ENERGY'S AMENDED COMPLAINTS FILED APRIL 5, 2002, AS MODIFIED APRIL 24, 2002; (2) GRANTED THE MOTIONS TO COMPEL PRODUCTION OF DUKE ENERGY'S COAL SUPPLY CONTRACTS, RELATED DOCUMENTS, AND THE OTHER THIRD-PARTY CONFIDENTIAL MATERIALS DISCUSSED IN THIS PROCEEDING, SUBJECT TO THE PROTECTIVE ORDERS SERVED IN THESE PROCEEDINGS ON FEBRUARY 5, 2002; (3) DIRECTED DUKE ENERGY TO SUPPLY THE INFORMATION IT HAS AGREED TO FURNISH; AND (4) DENIED IN ALL OTHER RESPECTS, THE MOTIONS TO COMPEL.

   Secretary · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 32630
7. 25 Jul 2002 FD 34209
   DENIED THE REQUEST TO STAY THE EFFECTIVENESS OF THE EXEMPTIONS IN THESE PROCEEDINGS.

   Commissioner · NORFOLK SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--DELAWARE AND HUDSON RAILWAY COMPANY, INC. · also entered in FD 34225 · decision 32935
8. 25 Jul 2002 AB 573-X
   DENIED: (1) RAIL VENTURES, INC.'S (PETITIONER), PETITION FOR CLARAFICATION OF THE BOARD'S APRIL 17, 2002 DECISION IN THIS PROCEEDING; AND (2) PETITIONER'S REQUEST TO FURTHER EXTEND THE OFA CONSUMMATION DEADLINE.

   Entire Board · TRINIDAD RAILWAY, INC.--ABANDONMENT EXEMPTION--IN LAS ANIMAS COUNTY, CO · decision 32934
9. 25 Jul 2002 FD 34225
   NOTICE THAT RBMN, PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN RBMN AND NSR, HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO NSR OVER APPROXIMATELY 56.7 MILES OF RBMN'S LEHIGH LINE BETWEEN MILEPOST 119.3 IN LEHIGHTON YARD AND MILEPOST 175.5 IN DUPONT, PA.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--READING BLUE MOUNTAIN AND NORTHERN RAILROAD COMPANY · decision 32897
10. 25 Jul 2002 FD 34209
    NOTICE THAT CPR, PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN CPR AND NSR, HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO NSR OVER APPROXIMATELY 284.6 MILES OF CPR'S FREIGHT MAIN LINE, BETWEEN NSR'S CONNECTION WITH CPR AT MILEPOST 752.0 NEAR SUNBURY, PA, AND CPR'S CONNECTION WITH GUILFORD RAIL SYSTEM AT MILEPOST 467.40 AT MECHANICVILLE, NY.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--DELAWARE AND HUDSON RAILWAY COMPANY, INC. · decision 32896
11. 24 Jul 2002 AB 564
    (1) REOPENED THE PROCEEDING; (2) MODIFIED THE ENVIRONMENTAL CONDITION (CONDITION NO. 6(A)) PREVIOUSLY IMPOSED IN THE DECISION SERVED SEPTEMBER 13, 2000; AND (3) ORDERED THAT ALL OTHER PROVISIONS AND ENVIRONMENTAL CONDITIONS IMPOSED IN THE SEPTEMBER 13, 2000 DECISION IN THIS PROCEEDING WILL REMAIN IN EFFECT.

    Director Of Proceedings · CAMAS PRAIRIE RAILNET, INC.—ABANDONMENT— IN LEWIS, NEZ PERCE, AND IDAHO COUNTIES, IDAHO (BETWEEN SPALDING AND GRANGEVILLE, IDAHO) · decision 32883
12. 24 Jul 2002 FD 34204
    NOTICE THAT SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 6.22 MILES OF RAIL LINE LOCATED BETWEEN MILEPOST 139.10 NEAR PITTSBURG, KS, AND MILEPOST 145.32, NEAR CHEROKEE, KS.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY--LEASE EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 32864
13. 24 Jul 2002 FD 34218 (Sub-No. 1)
    GRANTED A PETITION FOR EXEMPTION TO PERMIT BNSF'S OVERHEAD TRACKAGE RIGHTS OVER CERTAIN LINES OF UP TO EXPIRE ON AUGUST 16, 2002, AS AGREED TO BY THE PARTIES WITHOUT THE NEED FOR BNSF TO OBTAIN DISCONTINUANCE AUTHORITY.

    Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 32859
14. 23 Jul 2002 FD 34229
    NOTICE THAT O&P HAS FILED A NOTICE OF EXEMPTION TO PERMIT O&P TO ACQUIRE BY PURCHASE FROM CSXT, AN APPROXIMATELY 0.89-MILE RAIL LINE LOCATED BETWEEN VALUATION STATION 3261 + OO AND VALUATION STATION 3308 + 00, IN LOWELLVILLE, MAHONING COUNTY, OH.

    Director Of Proceedings · THE OHIO AND PENNYSLVANIA RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--RAIL LINE OF CSX TRANSPORTATION, INC., IN LOWELLVILLE, OH · decision 32876
15. 22 Jul 2002 FD 34177
    DENIED REQUEST TO STAY THE EFFECTIVENESS OF THE EXEMPTION IN THIS PROCEEDING AND REMOVES THE HOUSEKEEPING STAY ISSUED ON JUNE 26, 2002. PETITIONS TO REVOKE THE EXEMPTION WILL BE ADDRESSED IN A LATER DECISION OR DECISIONS.

    Entire Board · IOWA, CHICAGO & EASTERN RAILROAD CORPORATION--ACQUISITION AND OPERATION EXEMPTION--LINES OF I&M RAIL LINK, LLC · decision 32924
16. 22 Jul 2002 NOR 42051
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT JULY 11, 2002, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

    Secretary · WISCONSIN POWER AND LIGHT COMPANY V. UNION PACIFIC RAILROAD COMPANY · decision 32919
17. 22 Jul 2002 AB 473 (Sub-No. 1X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · WEST TEXAS & LUBBOCK RAILROAD COMPANY, INC. -- ABANDONMENT EXEMPTION -- IN LUBBOCK COUNTY, TX · decision 32874
18. 22 Jul 2002 FD 34223
    NOTICE THAT JOHN C. NOLAN, FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE CONTROL THROUGH STOCK OWNERSHIP OF PENN EASTERN RAIL LINES, INC., A CLASS III RAILROAD.

    Director Of Proceedings · JOHN C. NOLAN--CONTROL EXEMPTION--PENN EASTERN RAIL LINES, INC. · decision 32862