Week of 8 Dec 2003

Decisions served

1. 12 Dec 2003 NOR 42071
   GRANTED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S MOTION TO MODIFY THE PROCEDURAL SCHEDULE, AS ESTABLISHED IN THE NOVEMBER 21, 2003 DECISION.

   Secretary · OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY · decision 34274
2. 12 Dec 2003 AB 857-X
   (1) TOLLED THE TIME PERIOD FOR WINDSOR, SEVERANCE & EATON RAILROAD, LLC TO FILE AN OFA UNTIL DECEMBER 16, 2003; AND (2) ORDERED THAT THE EXEMPTION BECOME EFFECTIVE ON DECEMBER 30, 2003.

   Director Of Proceedings · GREAT WESTERN RAILWAY OF COLORADO, LLC.--ABANDONMENT EXEMPTION--IN WELD COUNTY, CO · decision 34268
3. 11 Dec 2003 AB 6 (Sub-No. 396X)
   GRANTED BNSF'S AND THE CITY OF OTTAWA'S REQUESTS TO EXTEND THE NITU NEGOTIATING PERIOD TO JUNE 27, 2004.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, KS · decision 34253
4. 11 Dec 2003 EP 558 (Sub-No. 7)
   INSTITUTED A PROCEEDING TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL FOR 2003, SOLICITING COMMENTS ON: (A) THE RAILROADS' 2003 CURRENT COST OF DEBT CAPITAL; (B) THE RAILROADS' 2003 CURRENT COST OF PREFERRED STOCK EQUITY CAPITAL; (C) THE RAILROADS' 2003 COST OF COMMON STOCK EQUITY CAPITAL; AND (D) THE 2003 CAPITAL STRUCTURE MIX OF THE RAILROAD INDUSTRY ON A MARKET VALUE BASIS.

   Entire Board · RAILROAD COST OF CAPITAL - 2003 · decision 34226
5. 11 Dec 2003 AB 33 (Sub-No. 211X)
   REOPENED THE PROCEEDING TO IMPOSE TWO ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ALAMEDA COUNTY, CA · decision 34225
6. 10 Dec 2003 AB 33 (Sub-No. 208X)
   CORRECTED THE ENVIRONMENTAL ASSESSMENT SERVED ON NOVEMBER 21, 2003.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL COUNTY, KAN. · decision 34267
7. 10 Dec 2003 AB 55 (Sub-No. 642X)
   NOTICE TO THE PARTIES: CORRECTED THE ENVIRONMENTAL ASSESSMENT SERVED ON NOVEMBER 28, 2003, ON PAGE 4, WHICH INADVERTENTLY ISSUED INCORRECT INFORMATION PERTAINING TO PUBLIC USE.

   Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN VERMILION COUNTY, IL · decision 34264
8. 10 Dec 2003 S5M 61 (Sub-No. 6)
   APPROVED THE NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION, INC.'S REVISED BUREAU AGREEMENT AND DISCONTINUED THE PROCEEDING.

   Secretary · NATIONAL CLASSIFICATION COMMITTEE -- AGREEMENT · decision 34234
9. 10 Dec 2003 FD 34429
   INSTITUTED A DECLARATORY ORDER PROCEEDING AND REQUESTED COMMENTS ON THE PETITION OF THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, ACTING ON BEHALF OF THE CITY OF NEW YORK, NY.

   Director Of Proceedings · THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--PETITION FOR DECLARATORY ORDER · decision 34168
10. 9 Dec 2003 AB 290 (Sub-No. 241X)
    FOUND THAT ABANDONMENT OF THE LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN AIKEN COUNTY, SC · decision 34230
11. 9 Dec 2003 AB 290 (Sub-No. 240X)
    GRANTED NORFOLK SOUTHERN RAILWAY COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A 5-MILE RAIL LINE, EXTENDING BETWEEN MILEPOST HG-47.0 AT GASTONIA AND MILEPOST HG-52.0 AT DALLAS (GEBO), IN GASTON COUNTY, NC, SUBJECT TO PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GASTON COUNTY, NC · decision 33946
12. 8 Dec 2003 FD 34442
    EXTENDED THE EFFECTIVE DATE OF THE EXEMPTION TO JANUARY 8, 2004.

    Director Of Proceedings · MARITIME RAIL, LLC--LEASE AND OPERATION EXEMPTION--MEADOWS INDUSTRIAL TRACKS · decision 34262
13. 8 Dec 2003 NOR 41185
    ADOPTED THE PROPOSED REVISED PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Secretary · ARIZONA PUBLIC SERVICE COMPANY & PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34260
14. 8 Dec 2003 FD 34425
    INSTITUTED A DECLARATORY ORDER PROCEEDING AND ESTABLISHED A PROCEDURAL SCHEDULE FOR THE FILING OF WRITTEN STATEMENTS BY PARTIES.

    Director Of Proceedings · CITY OF LINCOLN--PETITION FOR DECLARATORY ORDER · decision 34215
15. 8 Dec 2003 FD 34417 (Sub-No. 1)
    GRANTED A PETITION FOR PARTIAL REVOCATION OF THE TRACKAGE RIGHTS EXEMPTION TO PERMIT UNION PACIFIC RAILROAD COMPANY LOCAL TRACKAGE RIGHTS OVER A RAIL LINE OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO EXPIRE OCTOBER 15, 2004, AS AGREED BY THE PARTIES.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34118