Week of 13 Dec 2004

Decisions served

1. 17 Dec 2004 AB 55 (Sub-No. 646X)
   EXTENDED THE NITU NEGOTIATING PERIOD TO JUNE 13, 2005, AND EXTENDED THE TIME FOR CSX TRANSPORTATION, iNC., TO CONSUMMATE THE ABANDONMENT AND TO FILE A NOTICE OF CONSUMMATION IN THIS PROCEEDING UNTIL AUGUST 12, 2005.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PINELLAS COUNTY, FL · decision 35429
2. 17 Dec 2004 AB 303 (Sub-No. 26X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU UNTIL JUNE 28, 2005.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN ASHLAND COUNTY, WIS. · decision 35427
3. 17 Dec 2004 AB 33 (Sub-No. 208X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO MARCH 12, 2005.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL COUNTY, KAN. · decision 35426
4. 17 Dec 2004 FD 34611
   PROVIDED NOTICE THAT ALABAMA & TENNESSEE RIVER RAILWAY, LLC HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE FROM CSX TRANSPORTATION, INC. AND OPERATE APPROXIMATELY 122 MILES OF RAIL LINES IN THE STATE OF ALABAMA.

   Director Of Proceedings · ALABAMA & TENNESSEE RIVER RAILWAY, LLC--LEASE AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 35363
5. 17 Dec 2004 FD 34615
   PROVIDED NOTICE THAT PATRICK D. BROE AND OMNITRAX, INC., NONCARRIERS, HAVE FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF ALABAMA & TENNESSEE RIVER RAILWAY, LLC.

   Director Of Proceedings · PATRICK D. BROE AND OMNITRAX, INC.--CONTINUANCE IN CONTROL EXEMPTION--ALABAMA & TENNESSEE RIVER RAILWAY, LLC · decision 35362
6. 17 Dec 2004 AB 319 (Sub-No. 4X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · FLORIDA CENTRAL RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN SEMINOLE AND ORANGE COUNTIES, FL · decision 35356
7. 17 Dec 2004 AB 281 (Sub-No. 1X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · TEXAS NORTH WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MOORE, HUTCHINSON AND HANSFORD COUNTIES, TX · decision 35351
8. 16 Dec 2004 AB 33 (Sub-No. 218X)
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY HAS FILED A NOTICE OF EXEMPTION TO ABANDON A 5.25-MILE LINE OF RAILROAD KNOWN AS THE COEUR'D ALENE INDUSTRIAL LEAD, IN KOOTENAI COUNTY, ID.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN KOOTENAI COUNTY, ID · decision 35344
9. 15 Dec 2004 AB 167 (Sub-No. 1094A)
   FURTHER EXTENDED THE DUE DATE FOR CHELSEA PROPERTY OWNERS TO REPLY TO THE JOINT REQUEST OF THE CITY OF NEW YORK, THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT CORPORATION, CONSOLIDATED RAIL CORPORATION AND CSX TRANSPORTATION, INC., FOR ISSUANCE OF A CERTIFICATE OF INTERIM TRAIL USE TO DECEMBER 16, 2004.

   Secretary · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 35428
10. 15 Dec 2004 AB 596
    DENIED THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION'S APPLICATION FOR ADVERSE ABANDONMENT AND DISMISSED THIS PROCEEDING.

    Secretary · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · decision 35425
11. 15 Dec 2004 NOR 42089
    THE DUE DATE TO FILE AN ANSWER IS EXTENDED TO JANUARY 12, 2005.

    Secretary · ALBANY & EASTERN RAILROAD COMPANY V. BNSF RAILWAY COMPANY · decision 35424
12. 15 Dec 2004 AB 290 (Sub-No. 256X)
    REOPENED THE PROCEEDING TO IMPOSE TWO ENVIRONMENTAL CONDITIONS.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHESTER COUNTY, PA · decision 35333
13. 15 Dec 2004 WCC 105
    DENIED AN AMENDED COMPLAINT FILED BY DHX, INC., CHALLENGING THE REASONABLENESS OF RATES AND PRACTICES OF MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC.

    Entire Board · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 34487
14. 14 Dec 2004 AB 281 (Sub-No. 1X)
    PROVIDED NOTICE THAT TEXAS NORTH WESTERN RAILWAY COMPANY HAS FILED A NOTICE OF EXEMPTION TO ABANDON APPROXIMATELY 21.9 MILES OF ITS LINE OF RAILROAD KNOWN AS THE CAPPS SPUR LOCATED IN MOORE, HUTCHINSON, AND HANSFORD COUNTIES, TX.

    Director Of Proceedings · TEXAS NORTH WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MOORE, HUTCHINSON AND HANSFORD COUNTIES, TX · decision 35404
15. 14 Dec 2004 AB 319 (Sub-No. 4X)
    PROVIDED NOTICE THAT FLORIDA CENTRAL RAILROAD COMPANY., INC., HAS FILED A NOTICE OF EXEMPTION TO ABANDON A 3.4-MILE LINE OF RAILROAD KNOWN AS THE FOREST CITY SPUR, BETWEEN MILEPOST F-4.5 AT TORONTO, AND THE END OF THE TRACK AT MILEPOST F-1.1 IN FOREST CITY, IN SEMINOLE AND ORANGE COUNTIES, FL.

    Director Of Proceedings · FLORIDA CENTRAL RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN SEMINOLE AND ORANGE COUNTIES, FL · decision 35341
16. 14 Dec 2004 FD 34622
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY HAS AGREED TO GRANT OVERHEAD RECIPROCAL TRACKAGE RIGHTS TO THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IN THE FORT WORTH, TX, AREA.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 35340
17. 14 Dec 2004 NOR 42057
    MADE CERTAIN TECHNICAL CORRECTIONS TO THE BOARD'S DECISION SERVED IN THIS PROCEEDING ON JUNE 8, 2004.

    Entire Board · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 35102
18. 13 Dec 2004 NOR 42071
    INSTRUCTED THE OTTER TAIL POWER COMPANY AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO FILE SUPPLEMENTAL EVIDENCE SO THAT THE BOARD WOULD HAVE A FULL RECORD UPON WHICH TO ANALYZE THE TRAFFIC GROUP ISSUES THAT HAVE BEEN RAISED IN THIS CASE.

    Entire Board · OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY · decision 35301
19. 13 Dec 2004 EP 656
    INSTITUTED A PROCEEDING, PURSUANT TO 49 U.S.C. 13703(c), TO CONDUCT PERIODIC REVIEW OF MOTOR CARRIER COLLECTIVE-ACTIVITIES AGREEMENTS PREVIOUSLY APPROVED UNDER 49 U.S.C. 13703.

    Entire Board · MOTOR CARRIER BUREAUS--PERIODIC REVIEW PROCEEDING · decision 35261
20. 13 Dec 2004 AB 556 (Sub-No. 2X)
    (1) DENIED RAILROAD VENTURES, INC.'S (RVI) PETITION TO REOPEN THIS PROCEEDING, (2) GRANTED COLUMBIANA COUNTY PORT AUTHORITY AND CENTRAL COLUMBIANA & PENNSYLVANIA RAILWAY, INC.'S (COLLECTIVELY, CCPA/CCPR) JOINTLY FILED MOTION TO COMPEL DISCOVERY, (3) DIRECTED RVI TO RESPOND TO THE DISCOVERY REQUESTS SERVED ON APRIL 21, 2003, ON THE EFFECTIVE DATE OF THIS DECISION, AND (4) DIRECTED CCPA/CCPR TO PAY $217,282, PLUS INTEREST, TO RVI.

    Entire Board · RAILROAD VENTURES, INC.--ABANDONMENT EXEMPTION--BETWEEN YOUNGSTOWN, OH, AND DARLINGTON, PA, IN MAHONING AND COLUMBIANA COUNTIES, OH, AND BEAVER COUNTY, PA · decision 34277
21. 13 Dec 2004 NOR 41185
    (1) VACATED THE RATE PRESCRIPTION IMPOSED IN THE BOARD'S DECISION REPORTED AT 3 S.T.B. 70 (1998), (2) DIRECTED THAT, PURSUANT TO THE KEEP-ACCOUNT REQUIREMENT IN THE BOARD'S MAY 12, 2003 DECISION (2003 REOPENING), ARIZONA PUBLIC SERVICE COMPANY AND PACIFICORP SHALL COMPENSATE THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FOR THE DIFFERENCE BETWEEN THE $6.91 RATE BNSF SOUGHT TO CHARGE AND THE $4.21 RATE HELD IN PLACE PURSUANT TO THE 2003 REOPENING, TOGETHER WITH INTEREST TO BE CALCULATED IN ACCORDANCE WITH 49 CFR 1141, FROM THE EFFECTIVE DATE OF THE 2003 REOPENING DECISION TO THE EFFECTIVE DATE OF THIS DECISION, AND (3) DISMISSED THIS PROCEEDING.

    Entire Board · ARIZONA PUBLIC SERVICE COMPANY & PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33654