Week of 4 Aug 2003

Decisions served

1. 8 Aug 2003 NOR 42057
   (1) ORDERED THAT BRIEFS NOT TO EXCEED 40 PAGES IN LENGTH ARE DUE BY SEPTEMBER 8, 2003; AND (2) DIRECTED THE PARTIES TO RESPOND TO THE QUESTIONS AND PROVIDE THE MATERIALS IDENTIFIED IN THIS DECISION.

   Secretary · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 33896
2. 8 Aug 2003 AB 534 (Sub-No. 2X)
   GRANTED LAKE STATE RAILWAY COMPANY'S REQUEST TO MODIFY THE MAY 23, 2003 DECISION TO INCLUDE INTERIM TRAIL USE/RAIL BANKING FOR THE PORTION OF THE RIGHT-OF-WAY EXTENDING FROM MILEPOST 6.7 TO MILEPOST 11.5 ON THE ROGERS CITY BRANCH.

   Director Of Proceedings · LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI · decision 33866
3. 8 Aug 2003 FD 34383
   NOTICE THAT FREMONT NORTHWESTERN RAILROAD COMPANY FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO LEASE AND OPERATE A 9.5-MILE RAIL LINE OWNED BY THE EASTERN NEBRASKA CHAPTER NATIONAL RAILWAY HISTORICAL SOCIETY EXTENDING FROM MILEPOST 0.69, A POINT OF CONNECTION WITH A RAIL LINE OF UNION PACIFIC RAILROAD COMPANY IN FREEMONT, TO MILEPOST 10.01, A POINT 2 MILES NORTH OF NICKERSON, IN DODGE COUNTY, NE.

   Director Of Proceedings · FREMONT NORTHWESTERN RAILROAD COMPANY--LEASE AND OPERATION EXEMPTION--RAIL LINE OF THE EASTERN NEBRASKA CHAPTER NATIONAL RAILWAY HISTORICAL SOCIETY · decision 33865
4. 8 Aug 2003 AB 33 (Sub-No. 171X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN WASHINGTON COUNTY, IL · decision 33855
5. 8 Aug 2003 AB 33 (Sub-No. 206X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN POLK AND STORY COUNTIES, IA · decision 33849
6. 8 Aug 2003 AB 33 (Sub-No. 202X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 33720
7. 8 Aug 2003 AB 33 (Sub-No. 200X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN AND BUTLER COUNTIES, IA · decision 33718
8. 7 Aug 2003 NOR 42059
   GRANTED NSP'S REQUEST, THIS RATE COMPLAINT IS DISMISSED WITH PREJUDICE AND THE PROCEEDING IS DISCONTINUED.

   Secretary · NORTHERN STATES POWER COMPANY MINNESOTA D/B/A XCEL ENERGY V. UNION PACIFIC RAILROAD COMPANY · decision 33888
9. 7 Aug 2003 NOR 42081
   (1) GRANTED THE JOINT MOTION FOR A PROTECTIVE ORDER; AND (2) DIRECTED THE PARTIES TO COMPLY WITH THE PROTECTIVE ORDER SET FORTH IN THE APPENDIX TO THIS DECISION.

   Secretary · DYNO NOBEL INC. V. KANEB PIPE LINE PARTNERS, L.P. · decision 33851
10. 7 Aug 2003 AB 6 (Sub-No. 402X)
    GRANTED BNSF'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD FOR 180 DAYS UNTIL FEBRUARY 9, 2004.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WA · decision 33847
11. 6 Aug 2003 AB 850-X
    (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE DECISION SERVED ON JULY 7, 2003, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH FOR THAT PORTION OF THE RIGHT-OF-WAY BETWEEN MILEPOST 58.3 AT MORA JUNCTION AND THE PINE COUNTY AND THE KANABEC COUNTY LINE AND SUBJECT TO THE CONDITION THAT ST. CROIX VALLEY RAILROAD COMPANY LEAVE INTACT THE RIGHT-OF-WAY, INCLUDING BRIDGES, TRESTLES, CULVERTS, AND TUNNELS (BUT NOT TRACK AND TRACK MATERIAL, FOR THAT PORTION OF THE RIGHT-OF-WAY BETWEEN MILEPOST 58.3 AT MORA JUNCTION AND THE PINE COUNTY AND THE KANABEC COUNTY LINE, FOR A PERIOD OF 180 DAYS FROM THE EFFECTIVE DATE OF THE JULY 7, 2003 DECISION, TO ENABLE ANY STATE OR LOCAL GOVERNMENT AGENCY, OR OTHER INTERESTED PERSON TO NEGOTIATE THE ACQUISTION OF THE LINE FOR PUBLIC USE.

    Director Of Proceedings · ST. CROIX VALLEY RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN PINE AND KANABEC COUNTIES, MN · decision 33864
12. 6 Aug 2003 AB 441 (Sub-No. 3X)
    NOTICE THAT SWKR OPERATING CO. FILED WITH THE BOARD A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A 19.9-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 7.0 (FORMERLY MILEPOST 1040.15), NEAR CURTIS, TO THE END OF THE LINE AT MILEPOST 26.9 (FORMERLY MILEPOST 1055.8), NEAR CHARLESTON, IN COCHISE COUNTY, AZ.

    Director Of Proceedings · SWKR OPERATING CO.--ABANDONMENT EXEMPTION--IN COCHISE COUNTY, AZ · decision 33862
13. 5 Aug 2003 FD 34040
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT JULY 14, 2003, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

    Secretary · RIVERVIEW TRENTON RAILROAD COMPANY--PETITION FOR EXEMPTION FROM 49 U.S.C. 10901 TO ACQUIRE AND OPERATE A RAIL LINE IN WAYNE COUNTY, MI · decision 33879
14. 5 Aug 2003 FD 34365
    (1) GRANTED NEW ENGLAND'S TRANSRAIL'S REQUEST TO WITHDRAW ITS NOTICE OF EXEMPTION; AND (2) VACATED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER IN THIS PROCEEDING ON JULY 10, 2003.

    Director Of Proceedings · NEW ENGLAND TRANSRAIL, LLC--ACQUISITION AND OPERATION EXEMPTION--LINES OF BOSTON AND MAINE RAILROAD COMPANY · decision 33857
15. 5 Aug 2003 AB 308 (Sub-No. 3X)
    NOTICE THAT CMR FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON AN APPROXIMATELY 1.77-MILE LINE OF RAILROAD, EXTENDING FROM MILEPOST 2.83 AT THE WESTERN END OF CMR'S RAILROAD BRIDGE OVER INTERSTATE 75 TO MILEPOST 4.60 IN SAGINAW COUNTY, MI.

    Director Of Proceedings · CENTRAL MICHIGAN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SAGINAW COUNTY, MI · decision 33844
16. 5 Aug 2003 AB 33 (Sub-No. 206X)
    NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 14.0-MILE LINE OF RAILROAD, KNOWN AS THE ANKENY SUBDIVISION, EXTENDING FROM MILEPOST 10.7 NEAR ANKENY TO MILEPOST 341.1 (EQUATION: 23.20=339.60) NEAR SLATER, IN POLK AND STORY COUNTIES, IA.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN POLK AND STORY COUNTIES, IA · decision 33837
17. 5 Aug 2003 AB 55 (Sub-No. 636X)
    (1) REOPENED THIS PROCEEDING; AND (2) SUBJECTED THE EXEMPTION OF THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING TO THE CONDITION THAT CSXT CONSULT WITH NGS AND PROVIDE NGS WITH AT LEAST 90 DAYS' NOTICE PRIOR TO DISTURBING OR DESTROYING THE IDENTIFIED GEODETIC STATION MARKER (R-43) PRIOR TO SALVAGE ACTIVITIES IN ORDER TO PLAN FOR THE MARKER'S RELOCATION.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ST. CLAIR COUNTY, MICHIGAN · decision 33814
18. 4 Aug 2003 FD 34364
    GRANTED THE STATE OF VERMONT AND THE TOWN OF WALLINGFORD'S REQUEST FOR AN EXTENTION TO FILE REPLIES TO AUGUST 11, 2003.

    Secretary · VERMONT RAILWAY, INC.--PETITION FOR DECLARATORY ORDER · decision 33885
19. 4 Aug 2003 FD 34374
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF), AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF'S RAIL LINES BETWEEN BNSF MILEPOST 117.1 NEAR SHAWNEE JCT., WY, AND BNSF MILEPOST 33.8 NEAR NORTHPORT, NE, A DISTANCE OF APPROXIMATELY 146.2 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33861
20. 4 Aug 2003 AB 57 (Sub-No. 53X)
    CONCLUDED THAN AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RACINE COUNTY, WI · decision 33833
21. 4 Aug 2003 AB 227 (Sub-No. 9X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE OCTOBER 1999 DECISION.

    Director Of Proceedings · WHEELING AND LAKE ERIE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN HARRISON AND JEFFERSON COUNTIES, OH · decision 33795