Week of 13 Oct 2003

Decisions served

1. 17 Oct 2003 NOR 42081
   (1) EXTENDED THE DUE DATE FOR FILING DISCOVERY RESPONSES TO 20 DAYS AFTER THE SERVICE DATE OF THE BOARD'S RULING ON KANEB PIPE LINE PARTNERS, L.P.'S MOTION TO DISMISS AND ON DYNO NOBEL INC.'S MOTION FOR SUMMARY DISPOSITION; AND (2) EXTENDED THE DUE DATE FOR FILING MOTIONS TO COMPEL TO 10 DAYS AFTER THE DUE DATE FOR DISCOVERY RESPONSES.

   Secretary · DYNO NOBEL INC. V. KANEB PIPE LINE PARTNERS, L.P. · decision 34126
2. 17 Oct 2003 FD 33740
   EXTENDED THE DEADLINE FOR SUBMISSION OF ANY DISPUTED COMPENSATION OR OTHER CROSSING TERMS FOR BOARD RESOLUTION UNTIL NOVEMBER 12, 2003.

   Secretary · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--PETITION FOR DECLARATION OR PRESCRIPTION OF CROSSING, TRACKAGE, OR JOINT USE RIGHTS · decision 34120
3. 17 Oct 2003 NOR 42072
   (1) PROVIDED NOTICE THAT AN ORAL ARGUMENT IN THIS PROCEEDING WILL BE HELD ON WEDNESDAY, NOVEMBER 19, 2003, BEGINNING AT 10:00 A.M., IN THE SURFACE TRANSPORTATION BOARD HEARING ROOM (ROOM 760), AT 1925 K STREET, N.W., WASHINGTON, D.C.; AND (2) INSTRUCTED EACH PARTY TO PROVIDE THE BOARD WITH THE FULL NAME AND TITLE OF ITS SPEAKER, TOGETHER WITH A WRITTEN SUMMARY (NOT TO EXCEED 3 PAGES) OF THE SPECIFIC POINTS IT WISHES TO DISCUSS AT THE ORAL ARGUMENT, BY NOVEMBER 12, 2003.

   Secretary · CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34115
4. 17 Oct 2003 AB 55 (Sub-No. 644X)
   NOTICE THAT CSX HAS FILED A VERIFIED NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER AN APPROXIMATELY 11.2-MILE LINE OF RAILROAD, EXTENDING BETWEEN MILEPOST BG 7.2 AT GLENSHAW AND MILEPOST BG 18.4 AT BAKERSTOWN, IN ALLEGHENY COUNTY, PA.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 34058
5. 17 Oct 2003 AB 55 (Sub-No. 642X)
   NOTICE THAT CSXT FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON AN APPROXIMATELY 5.9-MILE LINE OF RAILROAD, IN CSXT'S WESTERN REGION, CHICAGO DIVISION, WOODLAND SUBDIVISION, EXTENDING FROM MILEPOST OZE 107.1 AT ROSSVILLE JUNCTION TO MILEPOST OZE 113.0 AT HENNING, IN VERMILLION COUNTY, IL.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN VERMILION COUNTY, IL · decision 34056
6. 17 Oct 2003 AB 290 (Sub-No. 239X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN NEW ORLEANS, LA · decision 34054
7. 17 Oct 2003 AB 468 (Sub-No. 6X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN HOPKINS COUNTY, KY · decision 34050
8. 17 Oct 2003 AB 307 (Sub-No. 4X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · WYOMING AND COLORADO RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, WY · decision 34049
9. 17 Oct 2003 FD 34398
   (1) GRANTED A PETITION FOR EXEMPTION FILED BY BG & CM RAILROAD, INC. (BG & CM) FROM THE REGULATORY REQUIREMENTS OF 49 U.S.C. SUBTITLE IV TO REACTIVATE SERVICE ON A RAIL LINE, SUBJECT TO CONDITIONS; (2) PARTIALLY VACATED AN EXISTING CERTIFICATE OF INTERIM TRAIL USE FOR THE LINE; AND (3) GRANTED A MOTION TO DISMISS A PRIOR BG & CM NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE THE LINE.

   Entire Board · BG & CM RAILROAD--ACQUISITION AND OPERATION EXEMPTION--CAMAS PRAIRIE RAILNET, INC. · also entered in FD 34399 · decision 34013
10. 17 Oct 2003 AB 55 (Sub-No. 634X)
    (1) GRANTED A PETITION FOR EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR CSX TRANSPORTATION, INC. TO ABANDON A 2.95-MILE LINE OF RAILROAD, IN CSXT'S WESTERN REGION, GREAT LAKES DIVISION, EXTENDING FROM MILEPOST 00Q-219.55 TO MILEPOST 00Q-222.50, IN BLOOMINGTON, MONROE COUNTY, IN, SUBJECT TO TRAIL USE, PUBLIC USE, HISTORIC PRESERVATION, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS; AND (2) SET A PROCEDURAL SCHEDULE.

    Entire Board · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MONROE COUNTY, IN · decision 33904
11. 16 Oct 2003 WCC 105
    ESTABLISHED A REVISED PROCEDURAL SCHEDULE IN THIS PROCEEDING AND DENIED DHX'S REQUEST TO DEFER THE FILING OF PUBLIC VERSIONS OF EVIDENTIARY SUBMISSIONS UNTIL 20 DAYS AFTER THE DATE THAT DHX'S REBUTTAL STATEMENT IS FILED WITH THE BOARD.

    Secretary · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 34109
12. 16 Oct 2003 AB 565 (Sub-No. 14X)
    GRANTED NYC'S REQUEST TO EXTEND THE NITU NEGOTIATION PERIOD TO APRIL 21, 2004.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MONTGOMERY AND SCHENECTADY COUNTIES, NY · decision 34086
13. 16 Oct 2003 S5M 45 (Sub-No. 17)
    (1) TENTATIVELY APPROVED NIAGARA FRONTIER TARIFF BUREAU'S APPLICATION TO CHANGE ITS COLLECTIVE RATEMAKING AGREEMENT, SUBJECT TO ADVERSE COMMENTS NOT BEING FILED DURING THE COMMENT PERIOD; AND (2) SET PROCEDURAL SCHEDULE.

    Entire Board · NORTH AMERICAN TRANSPORTATION COUNCIL, INC., · decision 33873
14. 16 Oct 2003 S5M 61 (Sub-No. 6)
    (1) ADVISED THAT APPROVAL OF THE NATIONAL CLASSIFICATION COMMITTEE'S (NCC), AGREEMENT IS SUBJECT TO NCC'S ADOPTION OF THE CHANGES SPECIFIED IN THIS DECISION; AND (2) DIRECTED NCC TO SUBMIT TO THE BOARD A REVISED AGREEMENT INCORPORATING THE CHANGES SPECIFIED IN THIS AND PRIOR DECISIONS, WITH SERVICE ON ALL PARTIES TO THIS PROCEEDING BY NOVEMBER 17, 2003.

    Entire Board · NATIONAL CLASSIFICATION COMMITTEE -- AGREEMENT · decision 33738
15. 16 Oct 2003 S5M 116 (Sub-No. 1)
    (1) RENEWED APPROVAL OF THE AGREEMENTS OF THE SIX MOTOR CARRIER RATE BUREAUS THAT COMPLIED WITH PRIOR DECISIONS IN THESE PROCEEDINGS; (2) REQUIRED ADDITIONAL CHANGES FOR THREE OTHER BUREAUS; AND (3) TERMINATED APPROVAL OF THE AGREEMENTS OF THREE NON-RESPONDING BUREAUS UNLESS THEY SHOW CAUSE WHY THIS SHOULD NOT HAPPEN.

    Entire Board · WILLAMETTE TARIFF BUREAU, INC. -- RENEWAL OF AGREEMENT · also entered in S5M 55 (Sub-No. 2), S5M 118 (Sub-No. 2), S5M 58 (Sub-No. 4), S5M 63 (Sub-No. 4), S5M 22 (Sub-No. 8), S5M 25 (Sub-No. 9), S5M 34 (Sub-No. 10), S5M 60 (Sub-No. 11), S5M 70 (Sub-No. 12), S5M 45 (Sub-No. 13), S5M 45 (Sub-No. 15), S5M 45 (Sub-No. 16), S5M 46 (Sub-No. 21) · decision 33705
16. 15 Oct 2003 AB 842-X
    NOTICE THAT ALMONO LP FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON ITS ENTIRE LINE OF RAILROAD EXTENDING BETWEEN THE PLANT OF SHIPPER METALTECH ON THE NORTH SIDE OF THE MONONGAHELA RIVER AND AN INTERCHANGE POINT WITH CSX TRANSPORTATION, INC. (CSXT) NORTH OF CSXT'S GLENWOOD YARD IN HAZELWOOD, ALLEGHENY COUNTY, PA, A DISTANCE OF APPROXIMATELY 2 MILES.

    Director Of Proceedings · ALMONO LP--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 34061
17. 14 Oct 2003 NOR 42070
    PROVIDES FOR LIMITED REOPENING OF THE RECORDS FOR THE PARTIES TO FILE SUPPLEMENTAL EVIDENCE AND SETS PROCEDURAL SCHEDULES FOR THE SUBMISSION OF THAT EVIDENCE AND REPLIES TO IT.

    Entire Board · DUKE ENERGY CORPORATION V. CSX TRANSPORTATION, INC. · also entered in NOR 42072 · decision 34112
18. 14 Oct 2003 NOR 42077
    (1) DENIED THE PETITION OF PEABODY ENERGY CORPORATION (PEABODY) FOR AN INJUNCTION THAT WOULD, WHILE THE SUBJECT RATE CASE IS PENDING, REQUIRE BNSF TO CHARGE A SHIPPER NO MORE THAN A PRIOR CONTRACT RATE FOR THE TRANSPORTATION OF COAL FROM A NEW MEXICO MINE TO ARIZONA PUBLIC SERVICE CO.'S CHOLLA ELECTRIC GENERATING STATION; AND (2) DISMISSED AS MOOT WITHOUT PREJUDICE PEABODY'S PETITION TO INTERVENE IN THIS PROCEEDING, BECAUSE PEABODY'S INTERVENTION WAS TIED EXCLUSIVELY TO THE INJUNCTIVE REMEDY THAT THIS DECISION DECLINES TO GRANT.

    Entire Board · ARIZONA PUBLIC SERVICE CO. AND PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34102
19. 14 Oct 2003 AB 290 (Sub-No. 239X)
    NOTICE THAT THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON APPROXIMATELY 1.28 MILES OF RAILROAD BETWEEN MILEPOST 1.22-NT AND MILEPOST 2.50-NT, IN NEW ORLEANS, LA.

    Director Of Proceedings · THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN NEW ORLEANS, LA · decision 34048
20. 14 Oct 2003 AB 471 (Sub-No. 4X)
    (1) REOPENED THIS PROCEEDING; (2) VACATED THE NITUS SERVED 4/24/02 AND 11/12/02; AND (3) ISSUED A REPLACEMENT NITU DESIGNATING LAND LEGACY INC. AS THE NEW TRAIL MANAGER FOR THE PORTION OF THE RIGHT-OF-WAY BETWEEN MILEPOST 163.21 AND MILEPOST 188.0.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CRAWFORD, WILSON, ELK AND GREENWOOD COUNTIES, KS, AND OSAGE AND TULSA COUNTIES, OK · decision 34028
21. 14 Oct 2003 AB 853 (Sub-No. 1X)
    (1) REOPENED THIS PROCEEDING; (2) DENIED SHORT GRASS PRAIRIE TRAIL, INC. AND IOWA TRAILS COUNCIL, INC.'S (PETITIONERS) REQUEST FOR ISSUANCE OF A NITU; AND (3) GRANTED PETITIONERS' REQUEST FOR IMPOSITION OF A PUBLIC USE CONDITION AS TO THAT SEGMENT OF RIGHT-OF-WAY BETWEEN MILEPOSTS 589.2 AND 636.0.

    Director Of Proceedings · KANSAS & OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HODGEMAN, COMANCHE, KIOWA, AND PRATT COUNTIES, KS · decision 33944
22. 14 Oct 2003 NOR 41185
    GRANTED IN PART THE REQUESTS FILED BY THE WESTERN COAL TRAFFIC LEAGUE AND THE AMERICAN PUBLIC POWER ASSOCIATION AND THE NATIONAL RURAL ELECTRIC POWER COOPERATIVE TO PARTICIPATE IN THIS PROCEEDING. THOSE GROUPS ARE ALLOWED TO PARTICIPATE IN THIS PROCEEDING AS AMICI. ACCEPTED EDISON ELECTRIC INSTITUTE'S MOTION FOR LEAVE TO FILE AN AMICUS BRIEF IN SUPPORT OF ARIZONA AND PACIFICORP AND DENIED ARIZONA AND PACIFICORP'S PETITION FOR RECONSIDERATION. AGAIN DIRECTED THE PARTIES TO SUBMIT, WITHIN 10 DAYS OF THE EFFECTIVE DATE OF THIS DECISION, THE PROPOSED PROCEDURAL SCHEDULE THAT THEY WERE DIRECTED TO SUBMIT IN THE BOARD'S MAY 12, 2003 DECISION.

    Entire Board · ARIZONA PUBLIC SERVICE COMPANY & PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33681