Week of 26 Aug 2002

Decisions served

1. 30 Aug 2002 NOR 42072
   GRANTED CPL AND NS' JOINT REQUEST TO MODIFY THE PROCEDURAL SCHEDULE AND EXTENDED THE DEADLINES FOR SUBMISSION OF REPLY EVIDENCE UNTIL 10/11/02, AND REBUTTAL EVIDENCE UNTIL 11/27/02.

   Secretary · CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 33011
2. 30 Aug 2002 AB 33 (Sub-No. 158X)
   EXTENDED THE NEGOTIATING PERIOD FOR LINDSBORG UNDER THE NITU UNTIL MARCH 2, 2003, FOR THE PORTION OF THE RIGHT-OF-WAY OF THE HOISINGTON SUBDIVISION BETWEEN MILEPOST 495.8 AND MILEPOST 497.4 AND FOR THE ENTIRE .80-MILE RIGHT-OF-WAY OF THE MCPHERSON SUBDIVISION BETWEEN MILEPOST 531.40 AND MILEPOST 530.60.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MCPHERSON, ELLSWORTH AND RICE COUNTIES, KS · decision 32993
3. 30 Aug 2002 AB 55 (Sub-No. 619X)
   NOTICE THAT CSXT FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A PORTION OF ITS LINE OF RAILROAD IN ITS WESTERN REGION, CHICAGO DIVISION, GRAND RAPIDS SUBDIVISION, HAMILTON INDUSTRIAL TRACK, EXTENDING FROM MILEPOST CGB 19.00 IN HOLLAND, MI, TO MILEPOST CGB 12.90 IN HAMILTON, MI.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGAN COUNTY, MI · decision 32970
4. 30 Aug 2002 AB 575 (Sub-No. 1X)
   NOTICE THAT MRL FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A 4.35-MILE LINE OF RAILROAD, INCLUDING RAIL YARD FACILITIES IN POLSON, MT, BETWEEN MILEPOST 29.05 AND MILEPOST 33.40 ON MRL'S 11TH BRANCH LINE SUBDIVISION, IN LAKE COUNTY, MT.

   Director Of Proceedings · MONTANA RAIL LINK, INC.--ABANDONMENT EXEMPTION--IN LAKE COUNTY, MT · decision 32957
5. 30 Aug 2002 AB 33 (Sub-No. 189X)
   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 ITS LINE OF RAILROAD KNOWN AS THE EAU CLAIRE INDUSTRIAL LEAD, IN EAU CLAIRE, EAU CLAIRE COUNTY, WI, SUBJECT TO TRAIL USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN EAU CLAIRE COUNTY, WI · decision 32825
6. 29 Aug 2002 AB 167 (Sub-No. 1094A)
   EXTENDED THE DUE DATE FOR FRIENDS OF THE HIGH LINE, INC. (FRIENDS) TO REPLY TO CHELSEA PROPERTY OWNERS' (CPO) MOTION TO SEPTEMBER 6, 2002, AND EXTENDED THE DUE DATE FOR CPO TO REPLY TO FRIENDS' PETITION TO SEPTEMBER 19, 2002.

   Secretary · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 33010
7. 29 Aug 2002 NOR 42054
   (1) GRANTED PPL MONTANA, LLC'S (PPL) REQUEST TO EXTEND THE DUE DATE FOR FILING A PETITION FOR RECONSIDERATION OF THE AUGUST 20, 2002 DECISION UNTIL SEPTEMBER 30, 2002; AND (2) DENIED PPL'S REQUEST FOR WAIVER OF THE PROCEDURAL SCHEDULE RULE AT 49 CFR 1115.3 TO ALLOW THEM TO FILE A 40-PAGE PETITION FOR RECONSIDERATION.

   Secretary · PPL MONTANA, LLC V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33007
8. 29 Aug 2002 FD 34241
   NOTICE THAT CSX TRANSPORTATION, INC. HAS AGREED TO GRANT LIMITED BRIDGE TRACKAGE RIGHTS TO CENTRAL MICHIGAN RAILWAY COMPANY OVER APPROXIMATELY 4.0 MILES IN SAGINAW, MI.

   Director Of Proceedings · CENTRAL MICHIGAN RAILWAY C0MPANY--TRACKAGE RIGHTS EXEMPTION--CSX TRANSPORTATION, INC. · decision 32967
9. 29 Aug 2002 AB 55 (Sub-No. 621X)
   (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON AUGUST 2, 2002, EXEMPTING ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS DECISION, SUBJECT TO THE CONDITION THAT CSXT KEEP INTACT THE RIGHT-OF-WAY UNDERLYING THE TRACKS, INCLUDING BRIDGES, TRESTLES, CULVERTS AND TUNNELS, FOR A PERIOD OF 180 DAYS AFTER THE SEPTEMBER 3, 2002 EFFECTIVE DATE (UNTIL MARCH 2, 2003), TO ENABLE ANY STATE OR LOCAL GOVERNMENT AGENCY, OR OTHER INTERESTED PERSON TO NEGOTIATE THE ACQUISITION OF THE LINE FOR PUBLIC USE.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MARION COUNTY, IN · decision 32947
10. 29 Aug 2002 EP 542 (Sub-No. 4)
    PROPOSES TO (1) ESTABLISH 22 NEW FEE ITEMS FOR SERVICES FOR WHICH NO FEE CURRENTLY IS ASSESSED; (2) RAISE THE BELOW-COST FEE ASSESSMENT THAT CURRENTLY APPLIES TO SIX FEE ITEMS; (3) UPDATE FEES FOR NINE EXISTING FEE ITEMS; (4) AMEND, RENUMBER AND DELETE CERTAIN RULES TO CONFORM TO EXISTING AND PROPOSED FEE COLLECTION POLICIES AND PROCESSES. REQUESTS COMMENTS ON THESE PROPOSALS.

    Entire Board · REGULATIONS GOVERNING FEES FOR SERVICES PERFORMED IN CONNECTION WITH LICENSING AND RELATED SERVICES--2002 NEW FEES · decision 30040
11. 28 Aug 2002 EP 637
    (1) REVISED THE BOARD'S REGULATIONS CONCERNING RAIL COST RECOVERY PROCEDURES AT 49 CFR PART 1135 TO REFLECT CHANGES MADE BY THE ICC TERMINATION ACT OF 1995, PUB. L. NO. 104-88, 109 STAT. 803 (1995) (ICCTA); AND (2) REMOVED THE REGULATIONS AT 49 CFR 1137.2 CONCERNING EXPEDITIOUS PROCEDURES FOR PUBLICATION OF SEPARATE RATES FOR DISTINCT SERVICES, BECAUSE THE STATUTORY BASIS FOR THESE REGULATIONS WAS ELIMINATED BY THE ICCTA.

    Entire Board · REMOVAL AND REVISION OF REGULATIONS · decision 32944
12. 28 Aug 2002 FD 34079
    CONDITIONALLY EXEMPTED UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 THE CONSTRUCTION BY SAN JACINTO RAIL LIMITED AND THE OPERATION BY THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY OF A 12.8-MILE LINE OF RAILROAD SERVING THE BAYPORT INDUSTRIAL DISTRICT IN SOUTHEAST HOUSTON, HARRIS COUNTY, TX, NEAR GALVESTON BAY.

    Entire Board · SAN JACINTO RAIL LIMITED CONSTRUCTION EXEMPTION AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY OPERATION EXEMPTION--BUILD-OUT TO THE BAYPORT LOOP NEAR HOUSTON, HARRIS COUNTY, TX · decision 32140
13. 27 Aug 2002 AB 303 (Sub-No. 23X)
    GRANTED THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES' AND WISCONSIN CENTRAL LTD.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL MARCH 1, 2003.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN FOREST AND LANGLADE COUNTIES, WI · decision 32973
14. 27 Aug 2002 FD 33556
    DENIES THE REQUEST OF ATOFINA PETROCHEMICALS, INC., AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY THAT THE BOARD EXPAND THE 'GEISMAR CONDITION' IMPOSED IN ITS DECISION APPROVING THE 1999 CN/IC MERGER.

    Entire Board · CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION AND GRAND TRUNK WESTERN RAILROAD INCORPORATED--CONTROL--ILLINOIS CENTRAL CORPORATION, ILLINOIS CENTRAL RAILROAD COMPANY, CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY, AND CEDAR RIVER RAILROAD COMPANY · decision 32945
15. 26 Aug 2002 FD 33388 (Sub-No. 91)
    GRANTED CSX CORPORATION, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST FOR AN EXTENSION TO FILE REPLIES TO CARGILL, INCORPORATED'S COMMENTS TO SEPTEMBER 16, 2002.

    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 [GENERAL OVERSIGHT] · decision 33004
16. 26 Aug 2002 NOR 42072
    (1) GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S MOTION TO COMPEL DISCOVERY OF CAROLINA POWER & LIGHT COMPANY'S (CP&L) COAL SUPPLY AND COAL TRANSPORTATION CONTRACTS, RELATED DOCUMENTS, AND THE OTHER THIRD-PARTY CONFIDENTIAL MATERIALS DISCUSSED HEREIN, SUBJECT TO THE PROTECTIVE ORDER ISSUED IN THE BOARD'S MARCH 12, 2002 DECISION; (2) DIRECTED CP&L TO SUPPLY THE INFORMATION THAT IT HAS AGREED UPON TO FURNISH; AND (3) DENIED THE MOTION TO COMPEL IN ALL OTHER RESPECTS.

    Secretary · CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 32961
17. 26 Aug 2002 FD 33679
    DENIED A PETITION FOR RECONSIDERATION OF THE NOVEMBER 27, 2001, DECISION IN WHICH THE BOARD DENIED SIERRAPINE'S REQUEST FOR REVOCATION OF THE AUTHORITY THAT IT PREVIOUSLY OBTAINED IN THIS PROCEEDING TO LEASE AND OPERATE APPROXIMATELY 12 MILES OF RAIL LINE OWNED BY SIERRA PACIFIC INDUSTRIES BETWEEN IONE, CA, AND MARTELL, CA.

    Entire Board · SIERRAPINE--LEASE AND OPERATION EXEMPTION--SIERRA PACIFIC INDUSTRIES · decision 32480