Week of 14 Mar 2005

Decisions served

1. 18 Mar 2005 NOR 42071
   (1) GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF THE PROCEDURAL SCHEDULE SET BY THE BOARD IN A DECISION SERVED ON DECEMBER 13, 2004; AND (2) MODIFIED THE PROCEDURAL SCHEDULE.

   Secretary · OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY · decision 35699
2. 18 Mar 2005 NOR 42060 (Sub-No. 1)
   (1) GRANTED NORTH AMERICA FREIGHT CAR ASSOCIATION AND 10 OF ITS INDIVIDUAL MEMBERS REQUEST FOR AN EXTENSION OF TIME; AND (2) MODIFIED THE PROCEDURAL SCHEDULE.

   Secretary · NORTH AMERICA FREIGHT CAR ASSOCIATION, ET AL. V. BNSF RAILWAY COMPANY · decision 35698
3. 18 Mar 2005 EP 290 (Sub-No. 5)
   APPROVED THE SECOND QUARTER 2005 RAIL COST ADJUSTMENT FACTOR (RCAF) AND COST INDEX FILED BY THE ASSOCIATION OF AMERICAN RAILROADS. THE SECOND QUARTER 2005 RCAF (UNADJUSTED) IS 1.149. THE SECOND QUARTER 2005 RCAF (ADJUSTED) IS 0.563. THE SECOND QUARTER 2005 RCAF-5 IS O.537.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 35684
4. 18 Mar 2005 AB 290 (Sub-No. 260X)
   PROVIDED NOTICE THAT TENNESSEE RAILWAY COMPANY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON AN APPROXIMATELY 27.01-MILE LINE OF RAILROAD BETWEEN MILEPOST TE-0.95 NEAR ONEIDA, AND MILEPOST TE-27.96 NEAR NICKS CREEK, IN SCOTT COUNTY, TN.

   Director Of Proceedings · TENNESSEE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SCOTT COUNTY, TN · decision 35647
5. 18 Mar 2005 NOR 42080
   (1) HELD IN ABEYANCE THE COMPLAINT FILED BY MINNESOTA NORTHERN RAILROAD, INC. (MNN), AGAINST CANADIAN NATIONAL RAILWAY COMPANY (CN), ALLEGING THAT, IN THE SPRING OF 2001, CN REMOVED INTERCHANGE FACILITIES AT WARROAD, MN, THEREBY PREVENTING MNN FROM INTERCHANGING TRAFFIC ON ITS LINE TO CN'S LINE IN VIOLATION OF 49 U.S.C. 10742; (2) ORDERED MNN AND CN TO NEGOTIATE A REASONABLE ARRANGEMENT FOR THE REINSTITUTION OF INTERCHANGE AT WARROAD, MN, PURSUANT TO THE REQUIREMENTS IN THIS DECISION; AND (3) INSTRUCTED THE PARTIES THAT, IF AN AGREEMENT CANNOT BE REACHED, TO NOTIFY THE BOARD AND THE COMPLAINT WILL BE ADDRESSED.

   Entire Board · MINNESOTA NORTHERN RAILROAD, INC. V. CANADIAN NATIONAL RAILWAY COMPANY · decision 34679
6. 17 Mar 2005 NOR 42090
   GRANTED CSX TRANSPORTATION, INC. (CSXT), AND CSX INTERMODAL'S (CSXI), REQUEST THAT THE BOARD CONTINUE TO HOLD THIS PROCEEDING IN ABEYANCE FOR ANOTHER 30 DAYS TO GIVE THE PARTIES ADDITIONAL TIME TO CONDUCT SETTLEMENT DISCUSSIONS; AND (2) DIRECTED THE PARTIES TO REPORT BACK TO THE BOARD ON APRIL 14, 2005, AS TO THE STATUS OF THOSE DISCUSSIONS AS TO WHEN CSXT AND CSXI REPLIES, IF ANY, SHOULD BE DUE.

   Secretary · WTL RAIL CORPORATION--PETITION FOR DECLARATORY RELIEF · also entered in EP 230 (Sub-No. 8) · decision 35693
7. 17 Mar 2005 FD 34669
   NOTICE THAT UP HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO BNSF FOR EASTBOUND TRAINS ON: (1) UP'S DALLAS SUBDIVISION FROM TOWER 55 AT FORTH WORTH, TX (MILEPOST 245.3), TO LONGVIEW, TX (MILEPOST 89.6); (2) UP'S LITTLE ROCK SUBDIVISION FROM LONGVIEW (MILEPOST 89.6) TO NORTH LITTLE ROCK, AR (MILEPOST 343.6); (3) UP'S HOXIE SUBDIVISION FROM NORTH LITTLE ROCK (MILEPOST 343.6) TO BALD KNOB, AR (MILEPOST 287.9); AND (4) UP'S MEMPHIS SUBDIVISION BETWEEN BALD KNOB (MILEPOST 287.9) TO KENTUCKY STREET, MEMPHIS, TN (MILEPOST 378.1).

   Director Of Proceedings · BNSF RAILWAY COMPANY-TEMPORARY TRACKAGE RIGHTS EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 35645
8. 15 Mar 2005 AB 859 (Sub-No. 1X)
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE ENDANGERED SPECIES CONDITION IMPOSED IN THE MARCH 10, 2004 DECISION.

   Director Of Proceedings · PENNSYLVANIA LINES LLC--ABANDONMENT EXEMPTION--IN NORTHAMPTON COUNTY, PA · decision 35639
9. 15 Mar 2005 NOR 42058
   (1) FOUND THAT ARIZONA ELECTRIC POWER COOPERATIVE, INC. HAS FAILED TO SHOW THAT THE CHALLENGED RATES ARE UNREASONABLY HIGH; AND (2) DISMISSED THE COMPLAINT.

   Entire Board · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 35588
10. 14 Mar 2005 EP 657
    GRANTED THE REQUEST FOR AN EXTENSION OF TIME AS DISCUSSED IN THIS DECISION AND THE HEARING DATE IS ACCORDINGLY CHANGED TO APRIL 26, 2005.

    Secretary · RAIL RATE CHALLENGES UNDER THE STAND-ALONE COST METHODOLOGY · decision 35686
11. 14 Mar 2005 AB 33 (Sub-No. 218X)
    (1) REOPENED THIS PROCEEDING; (2) GRANTED PAN AMERICAN RAILWAY, INC.'S REQUEST TO TERMINATE THE OFA PROCESS; AND (3) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON DECEMBER 16, 2004, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AND TO PERMIT PUBLIC USE NEGOTIATIONS FOR A PERIOD OF 180 DAYS AS SET FORTH IN THE DECISION..

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN KOOTENAI COUNTY, ID · decision 35683
12. 14 Mar 2005 AB 883 (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 · ROCKY MOUNT AND WESTERN RAILROAD CO., INC.-ABANDONMENT EXEMPTION-IN NASH COUNTY, NC · decision 35635
13. 14 Mar 2005 NOR 42088
    DENIED A REQUEST BY BNSF RAILWAY COMPANY FOR A BOARD ORDER DIRECTING COMPLAINANTS WESTERN FUELS ASSOCIATION AND BASIN ELECTRIC COOPERATIVE TO INCLUDE WITH THEIR OPENING STATEMENT TWO SEPARATE STAND-ALONE RAILROAD CONFIGURATIONS-ONE INCLUDING REROUTED TRAFFIC (IF ANY), AND ONE WITHOUT ANY SUCH REROUTED TRAFFIC.

    Entire Board · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 35623
14. 14 Mar 2005 FD 34662
    GRANTED THE PETITION OF CSX TRANSPORTATION, INC. FOR AN ORDER DECLARING THAT THE 'TERRORISM PREVENTION IN HAZARDOUS MATERIALS TRANSPORTATION EMERGENCY ACT OF 2005' (THE D.C. ACT), WHICH SEEKS TO GOVERN THE TRANSPORTATION OF HAZARDOUS MATERIALS MOVING BY RAIL THROUGH THE DISTRICT OF COLUMBIA, IS FEDERALLY PREEMPTED PURSUANT TO 49 U.S.C. 10501(b).

    Entire Board · CSX TRANSPORTATION, INC.--PETITION FOR DECLARATORY ORDER · decision 35599