Week of 21 Mar 2005

Decisions served

1. 25 Mar 2005 NOR 42057
   DIRECTED THAT BY MARCH 30, 2005, BNSF SHALL REMIT TO XCEL REPARATIONS WITH INTEREST AS DETERMINED IN THS DECISION.

   Secretary · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 35724
2. 25 Mar 2005 AB 170 (Sub-No. 2X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · SUNSET RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KERN COUNTY, CA · also entered in AB 398 (Sub-No. 10X) · decision 35660
3. 25 Mar 2005 AB 33 (Sub-No. 221X)
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE THREE HISTORIC AND ENVIRONMENTAL CONDITIONS IMPOSED IN THE BOARD'S NOVEMBER 26, 2004 DECISION.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SANTA CLARA COUNTY, CA · decision 35642
4. 25 Mar 2005 FD 34655
   GRANTED THE REQUEST OF GEORGIA & FLORIDA RAILNET, INC. FOR WAIVER OF THE REQUIREMENTS OF 49 CFR 1150.42(E) THAT IT GIVE 60-DAYS' ADVANCE NOTICE TO THOSE EMPLOYEES WHO MAY BE AFFECTED BY ITS PLAN TO ACQUIRE AND OPERATE OVER A PERMANENT IRREVOCABLE RAIL EASEMENT ON PROPERTY TO BE ACQUIRED BY THE GEORGIA DEPARTMENT OF TRANSPORTATION.

   Entire Board · GEORGIA & FLORIDA RAILNET, INC.-ACQUISITION AND OPERATION EXEMPTION-GEORGIA DEPARTMENT OF TRANSPORTATION · decision 35609
5. 25 Mar 2005 FD 34554 (Sub-No. 3)
   GRANTED THE PETITION FILED BY UNION PACIFIC RAILROAD COMPANY FOR PARTIAL REVOCATION OF THE CLASS EXEMPTION TO PERMIT THE MODIFIED TRACKAGE RIGHTS ARRANGEMENT EXEMPTED IN STB FINANCE DOCKET NO. 35554 (SUB-NO. 2) TO EXPIRE ON OR ABOUT DECEMBER 31, 2005, IN ACCORDANCE WITH THE AGREEMENTOF THE PARTIES, SUBJECT TO THE EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35556
6. 24 Mar 2005 AB 33 (Sub-No. 200X)
   GRANTED THE IOWA TRAILS COUNCIL'S MOTION TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 15, 2005.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN AND BUTLER COUNTIES, IA · decision 35713
7. 24 Mar 2005 AB 33 (Sub-No. 195X)
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD, KNOWN AS THE SUGAR HOUSE BRANCH, FROM MILEPOST 0.0 NEAR ROPER TO THE END OF THE BRANCH LINE AT MILEPOST 2.74 NEAR SUGAR HOUSE, A DISTANCE OF 2.74 MILES IN SALT LAKE COUNTY, UT.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SALT LAKE COUNTY, UT · decision 35671
8. 24 Mar 2005 AB 6 (Sub-No. 410X)
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 404 CONDITION IMPOSED IN THE MAY 24, 2004 DECISION.

   Director Of Proceedings · BNSF RAILWAY COMPANY - ABANDONMENT EXEMPTION - IN THURSTON COUNTY, WA · decision 35640
9. 23 Mar 2005 NOR 42069
   GRANTED DUKE ENERGY CORPORATION AND CAROLINA POWER & LIGHT COMPANY'S MOTIONS TO COMPEL DISCOVERY OF RAIL TRANSPORTATION CONTRACTS, AS SPECIFIED IN THIS DECISION.

   Secretary · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · also entered in NOR 42070, NOR 42072 · decision 35681
10. 23 Mar 2005 AB 771-X
    PROVIDED NOTICE THAT MOUNT VERNON TERMINAL RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON AND DISCONTINUE SERVICE ON THE SOUTHERN PORTION OF ITS LINE OF RAILROAD BETWEEN MILEPOST 0.369 AND MILEPOST 1.172, IN THE CITY OF MOUNT VERNON, IN SKAGIT COUNTY, WA, A DISTANCE OF 4,240 FEET.

    Director Of Proceedings · MOUNT VERNON TERMINAL RAILWAY COMPANY L.L.C.-ABANDONMENT EXEMPTION-IN SKAGIT COUNTY, WA · decision 35665
11. 22 Mar 2005 NOR 42089
    EXTENDED THE DUE DATE FOR BNSF TO FILE ITS ANSWER TO MARCH 31, 2005.

    Secretary · ALBANY & EASTERN RAILROAD COMPANY V. BNSF RAILWAY COMPANY · decision 35710
12. 22 Mar 2005 AB 33 (Sub-No. 202X)
    GRANTED IOWA TRAILS COUNCIL'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD FOR THAT PORTION OF THE LINE EXTENDING FROM MILEPOST 173.90 NEAR SHEFFIELD, IA, TO MILEPOST 178.0 NEAR CHAPIN, IA, UNTIL SEPTEMBER 15, 2005.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 35701
13. 21 Mar 2005 NOR 42088
    GRANTED WFA'S REQUEST TO MODIFY THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Secretary · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 35714
14. 21 Mar 2005 AB 170 (Sub-No. 2X)
    PROVIDED NOTICE THAT SUNSET RAILWAY COMPANY (SRY) AND SAN JOAQUIN VALLEY RAILROAD COMPANY (SJVR) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F FOR SRY TO ABANDON, AND SJVR TO DISCONTINUE SERVICE OVER, A 0.20-MILE LINE OF RAILROAD, KNOWN AS THE SUNSET SUBDIVISION, NEAR LEVEE, BETWEEN MILEPOST 19.80 AND MILEPOST 20.00, IN KERN COUNTY, CA.

    Director Of Proceedings · SUNSET RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KERN COUNTY, CA · also entered in AB 398 (Sub-No. 10X) · decision 35651
15. 21 Mar 2005 MCF 21008
    (1) GRANTED COLORADO PUBLIC UTILITIES COMMISSION'S PETITION TO INTERVENE; (2) INSTITUTED A DECLARATORY ORDER PROCEEDING; (3) ORDERED THAT THIS PROCEEDING WILL BE HANDLED UNDER THE MODIFIED PROCEDURE ON THE BASIS OF WRITTEN STATEMENTS SUBMITTED BY THE PARTIES; (3) DIRECTED THAT ALL PARTIES MUST COMPLY WITH THE RULES OF PRACTICE, INCLUDING 49 CFR PARTS 1112 AND 1114; AND (4) SET A PROCEDURAL SCHEDULE.

    Director Of Proceedings · EAST WEST RESORT TRANSPORTATION, LLC, AND TMS, LLC, D/B/A COLORADO MOUNTAIN EXPRESS--PETITION FOR DECLARATORY ORDER--MOTOR CARRIER TRANSPORTATION OF PASSENGERS IN COLORADO · decision 35187