Week of 19 Aug 2002

Decisions served

1. 23 Aug 2002 AB 565 (Sub-No. 4X)
   (1) GRANTED IN PART FLEX-N-GATE CORPORATION'S (FLEX) REQUEST TO EXTEND THE TIME PERIOD FOR EITHER PARTY TO REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE AS DISCUSSED IN THIS DECISION; AND (2) ORDERED THAT IF CSXT AND FLEX CANNOT AGREE ON THE PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE ON OR BEFORE SEPTEMBER 4, 2002..

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN · decision 32989
2. 23 Aug 2002 AB 101 (Sub-No. 17X)
   GRANTED DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A 2-MILE PORTION OF THE LINE KNOWN AS THE SLIVER BRANCH, IN THE CITY OF VIRGINIA, ST. LOUIS COUNTY, MN, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ST. LOUIS COUNTY, MN · decision 32769
3. 23 Aug 2002 AB 33 (Sub-No. 167X)
   GRANTED UNION PACIFIC RAILROAD COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A 1.04-MILE PORTION OF A LINE OF RAILROAD, KNOWN AS THE SKOKIE INDUSTRIAL LEAD, AND TO DISCONTINUE SERVICE OVER AN 8.06-MILE PORTION OF THE LINE IN COOK COUNTY, IL, SUBJECT TO PUBLIC USE, TRAIL USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN COOK COUNTY, IL · decision 32767
4. 22 Aug 2002 FD 33388
   EXTENDED THE COMPLIANCE DEADLINE FOR NS IN ENVIRONMENTAL CONDITION NO.8(A) WITH RESPECT TO THE YORK ROAD/SR 74 AT-GRADE CROSSING IN MECHANICSBURG, CUMBERLAND COUNTY, PA, 8 MONTHS UNTIL APRIL 30, 2003.

   Secretary · 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 32985
5. 22 Aug 2002 FD 34241
   (1) GRANTED CENTRAL MICHIGAN RAILWAY COMPANY'S MOTION FOR A PROTECTIVE ORDER; AND (2) ORDERED THAT THE UNREDACTED VERSION OF THE TRACKAGE RIGHTS AGREEMENT SUBMITTED IN FINANCE DOCKET NO. 34241 TO REMAIN UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE UNDERTAKING IN THE APPENDIX TO THIS DECISION IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · CENTRAL MICHIGAN RAILWAY C0MPANY--TRACKAGE RIGHTS EXEMPTION--CSX TRANSPORTATION, INC. · decision 32968
6. 21 Aug 2002 FD 34111
   GRANTED THE NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, D/B/A NORTH COUNTY TRANSIT DISTRICT'S (NCTD) REQUEST FOR A DECLARATORY ORDER, FINDING THAT, UNDER 49 U.S.C. 10501(B), THE CITY OF ENCINITAS, CA, IS PROHIBITED FROM REQUIRING NCTD TO OBTAIN A PERMIT OR OTHER PRE-APPROVALS PRIOR TO CONSTRUCTING THE ENCINITAS PASSING TRACK ON NCTD'S SAN DIEGO SUBDIVISION MAIN TRACK.

   Entire Board · NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD--PETITION FOR DECLARATORY ORDER · decision 32517
7. 20 Aug 2002 AB 402 (Sub-No. 8X)
   (1) GRANTED FOX VALLEY & WESTERN LTD. AND WISCONSIN DEPARTMENT OF NATURAL RESOURCES' MOTION TO EXTEND THE NITU NEGOTIATING PERIOD FOR A PORTION OF THE LINE FROM MILEPOST 14.9 AND MILEPOST 38.98 TO FEBRUARY 18, 2003; AND (2) ORDERED THAT THE REMAINING PORTION OF THE LINE BETWEEN MILEPOST 4.78 TO MILEPOST 14.9 MAY BE FULLY ABANDONED ON AUGUST 24, 2002, IF THE ENVIRONMENTAL CONDITIONS IMPOSED IN THIS PROCEEDING HAVE BEEN MET.

   Director Of Proceedings · FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN BROWN AND OUTAGAMIE COUNTIES, WI · decision 32975
8. 20 Aug 2002 NOR 42058
   DENIED A PETITION FILED BY THE DEFENDANTS, BNSF AND UP, ASKING THE BOARD TO REQUIRE THE COMPLAINANT, AEPCO, TO MAKE SEPARATE STAND-ALONE COST (SAC) PRESENTATIONS FOR EACH OF THE THREE RATE CHALLENGES EMBRACED IN THIS COMPLAINT, BUT WOULD PROVIDE DIRECTION ON THE PERMISSIBLE BOUNDS OF A SAC PRESENTATION IN THS MATTER.

   Entire Board · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 32689
9. 20 Aug 2002 NOR 42054
   (1) ADDRESSED A COMPLAINT FILED JULY 6, 2000, BY PPL MONTANA, LLC (PPL), CHALLENGING THE REASONABLENESS OF THE RATE CHARGED BY THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR MOVING TRAINLOADS OF COAL FROM THE POWDER RIVER BASIN OF WYOMING TO THE (PPL) ELECTRIC GENERATING FACILITY AT BILLINGS, MT; AND (2) DISMISSED THE COMPLAINT IN THIS PROCEEDING.

   Entire Board · PPL MONTANA, LLC V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31155
10. 19 Aug 2002 NOR 42059
    GRANTED UP'S REQUEST FOR 14-DAY EXTENSIONS, UNTIL OCTOBER 4 AND NOVEMBER 1, 2002, RESPECTIVELY, FOR SUBMITTING REPLY AND REBUTTAL EVIDENCE IN THE RATE COMPLAINT PROCEEDING INSTITUTED BY COMPLAINANT NSP.

    Secretary · NORTHERN STATES POWER COMPANY MINNESOTA D/B/A XCEL ENERGY V. UNION PACIFIC RAILROAD COMPANY · decision 32974
11. 19 Aug 2002 AB 303 (Sub-No. 18X)
    GRANTED WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND WISCONSIN CENTRAL LTD.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL FEBRUARY 15, 2003.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN POLK COUNTY, WIS. · decision 32972