Week of 22 Dec 2003

Decisions served

1. 24 Dec 2003 FD 34421
   EXTENDED THE DUE DATE FOR CSX TRANSPORTATION,INC. TO FILE A MOTION TO COMPEL TO JANUARY 9, 2004.

   Secretary · HOLRAIL LLC - CONSTRUCTION AND OPERATION EXEMPTION - IN ORANGEBURG AND DORCHESTER COUNTIES, S.C. · decision 34328
2. 24 Dec 2003 FD 34425
   (1) DENIED A MOTION FOR RECONSIDERATION OF THE PROCEDURAL SCHEDULE IN THIS PROCEEDING FILED BY ARKANSAS-OKLAHOMA RAILROAD, INC.; (2) HELD A MOTION TO COMPEL DISCOVERY FILED BY THE CITY OF LINCOLN, NE, IN ABEYANCE UNTIL JANUARY 2, 2004; AND (3) GRANTED THE CITY'S REQUEST TO WITHDRAW A MOTION TO COMPEL ENTRY ONTO THE PROPERTY OF LINCOLN LUMBER COMPANY.

   Entire Board · CITY OF LINCOLN--PETITION FOR DECLARATORY ORDER · decision 34312
3. 24 Dec 2003 FD 34075
   NOTICE OF AVAILABILITY OF DRAFT SCOPE OF ANALYSIS FOR THE ENVIRONMENTAL IMPACT STATEMENT.

   Chief Of Section Of Environmental Analysis · SIX COUNTY ASSOCIATION OF GOVERNMENTS--CONSTRUCTION AND OPERATION EXEMPTION -- RAIL LINE BETWEEN LEVAN AND SALINA, UTAH · decision 34308
4. 24 Dec 2003 AB 303 (Sub-No. 25X)
   GRANTED STOCKBRIDGE-MUNSEE COMMUNITY'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD IN PART FOR THAT PORTION OF THE RIGHT-OF-WAY APPROXIMATELY FROM MILEPOST 303 TO MILEPOST 306.4 IN SHAWANO COUNTY, WI, UNTIL MAY 20, 2004.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 34306
5. 24 Dec 2003 AB 55 (Sub-No. 579X)
   GRANTED CSXT'S REQUEST FOR AN EXTENSION OF THE NITU NEGOTIATION PERIOD UNTIL JUNE 25, 2004 AND ITS REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE AUGUST 25, 2004.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PARKE AND VERMILLION COUNTIES, IN · decision 34296
6. 24 Dec 2003 AB 55 (Sub-No. 640)
   GRANTED AN APPLICATION UNDER 49 U.S.C. 10903 FOR CSXT TO ABANDON A 23.25-MILE PORTION OF ITS SOUTHERN REGION, JACKSONVILLE DIVISION LINE, EXTENDING FROM MILEPOST AP 564.69, NEAR WARESBORO, TO MILEPOST AP 617.94, NEAR PEARSON, IN ATKINSON AND WARE COUNTIES, GA, SUBJECT TO ENVIRONMENTAL, HISTORIC PRESERVATION, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · CSX TRANSPORTATION, INC.--ABANDONMENT--IN ATKINSON AND WARE COUNTIES, GA · decision 34208
7. 23 Dec 2003 NOR 42072
   PROVIDES NOTICE OF CORRECTIONS TO THE BOARD'S DECISION IN THIS PROCEEDING SERVED ON DECEMBER 23, 2003.

   Secretary · CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34331
8. 23 Dec 2003 AB 857-X
   GRANTED WINDSOR, SEVERANCE & EATON RAILROAD, LLC'S REQUEST TO TOLL THE TIME PERIOD FOR SUBMITTING AN OFFER OF FINANCIAL ASSISTANCE UNTIL JANUARY 15, 2004.

   Director Of Proceedings · GREAT WESTERN RAILWAY OF COLORADO, LLC.--ABANDONMENT EXEMPTION--IN WELD COUNTY, CO · decision 34329
9. 23 Dec 2003 AB 855 (Sub-No. 1X)
   HELD THE OFFER OF FINANCIAL ASSISTANCE PROCESS IN ABEYANCE UNTIL THE BOARD CONSIDERS A & R LINE, INC. AND TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION'S MOTION FILED ON DECEMBER 23, 2003.

   Director Of Proceedings · A & R LINE, INC.--ABANDONMENT EXEMPTION--IN CASS AND PULASKI COUNTIES, IND. · decision 34324
10. 23 Dec 2003 FD 34319
    (1) GRANTED THE JOINT MOTION FILED BY CONRAIL AND AT&T COMMUNICATIONS, INC. (AT&T) ON DECEMBER 11, 2003 AND HELD THIS PROCEEDING IN ABEYANCE UNTIL FEBRUARY 4, 2004; AND (2) ORDERED THAT CONRAIL AND AT&T SHOULD ADVISE THE BOARD, NO LATER THAN JANUARY 21, 2004, OF THE STATUS OF THEIR NEGOTIATIONS. IF NEGOTIATIONS HAVE NOT THEN REACHED A FINAL CONCLUSION, CONRAIL AND AT&T SHOULD FURTHER ADVISE THE BOARD, NO LATER THAN JANUARY 21, 2004, THAT THEY HAVE MADE ARRANGEMENTS TO SEEK FROM THE COURT A FURTHER EXTENSION OF THE DEADLINE FOR THE BOARD'S DECISION.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--PETITION FOR DECLARATORY ORDER PROCEEDING · decision 34318
11. 23 Dec 2003 AB 838
    ORDERED THAT (1) THE DEADLINE FOR SUBMISSION OF PROTESTS OR WRITTEN COMMENTS RESPONSIVE TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S (IDOT) ABANDONMENT AND DISCONTINUANCE OF SERVICE APPLICATION IS EXTENDED UNTIL MARCH 5, 2004, AND (2) THE DUE DATE FOR IDOT'S REPLY TO OPPOSITION TO ITS APPLICATION IS EXTENDED, ACCORDINGLY, TO MARCH 22, 2004.

    Secretary · EAST ST. LOUIS JUNCTION RAILROAD COMPANY--ADVERSE ABANDONMENT--IN ST. CLAIR COUNTY, IL · also entered in AB 33 (Sub-No. 199) · decision 34295
12. 23 Dec 2003 NOR 41185
    GRANTED ARIZONA PUBLIC SERVICE COMPANY AND PACIFICORP'S REQUEST FOR THE ISSUANCE OF A SUBPOENA FOR THE PRODUCTION OF DOCUMENTS DIRECTED TO SALT RIVER PROJECT AGRICULTURAL & POWER DISTRICT.

    Secretary · ARIZONA PUBLIC SERVICE COMPANY & PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34294
13. 23 Dec 2003 FD 34442
    DENIED NEW JERSEY RAIL CARRIER LLC'S PETITION TO REJECT THE NOTICE OF EXEMPTION.

    Director Of Proceedings · MARITIME RAIL, LLC--LEASE AND OPERATION EXEMPTION--MEADOWS INDUSTRIAL TRACKS · decision 34283
14. 23 Dec 2003 AB 601 (Sub-No. 1X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · PINE BELT SOUTHERN RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN LEE AND CHAMBERS COUNTIES, AL · decision 34258
15. 23 Dec 2003 NOR 42083
    DENIED COMPLAINANT'S MOTION FOR DISCOVERY SANCTIONS AND OTHER RELIEF.

    Secretary · GRANITE STATE CONCRETE CO., INC. AND MILFORD-BENNINGTON RAILROAD COMPANY, INC. V. BOSTON AND MAINE CORPORATION AND SPRINGFIELD TERMINAL RAILWAY COMPANY · decision 34257
16. 23 Dec 2003 AB 416 (Sub-No. 4X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED 4 ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT AUTHOIRTY IN THIS PROCEEDING.

    Director Of Proceedings · SAN BERNARDINO ASSOCIATED GOVERNMENTS--ABANDONMENT EXEMPTION--SAN BERNARDINO COUNTY, CA · decision 34244
17. 23 Dec 2003 NOR 42072
    BOARD FOUND THAT, USING THE STAND-ALONE COST RATE REASONABLENESS TEST, THE SHIPPER DEMONSTRATED THAT THE CHALLENGED RATES WERE UNREASONABLY HIGH.

    Entire Board · CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34193
18. 22 Dec 2003 AB 55 (Sub-No. 603X)
    GRANTED CSXT'S REQUEST FOR AN EXTENSION OF THE NEGOTIATING PERIOD TO JULY 23, 2004 AND ITS REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY TO ON OR BEFORE SEPTEMBER 23, 2004.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WEBSTER COUNTY, WV · decision 34275
19. 22 Dec 2003 AB 43 (Sub-No. 173X)
    GRANTED THE PEARL & LEAF RIVERS RAILS-TO-TRAILS RECREATIONAL DISTRICT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL MARCH 22, 2004.

    Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FORREST COUNTY, MS · decision 34272
20. 22 Dec 2003 AB 601 (Sub-No. 1X)
    NOTICE THAT PINE BELT SOUTHERN RAILROAD COMPANY, INC. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 17.4-MILE LINE OF RAILROAD BETWEEN MILEPOST T-322.40 AT ROANOKE JUNCTION AND MILEPOST T-339.66 AT LAFAYETTE, IN LEE AND CHAMBERS COUNTIES, AL.

    Director Of Proceedings · PINE BELT SOUTHERN RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN LEE AND CHAMBERS COUNTIES, AL · decision 34255
21. 22 Dec 2003 AB 33 (Sub-No. 157X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED 4 ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT AUTHORITY IN THIS PROCEEDING.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MONTEREY COUNTY, CA · decision 34238