Week of 18 Apr 2005

Decisions served

1. 22 Apr 2005 EP 657
   PROVIDED A SCHEDULE OF SPEAKERS' APPEARANCES AND THEIR TIME ALLOCATIONS FOR THE APRIL 26, 2005 PUBLIC HEARING IN THIS PROCEEDING.

   Secretary · RAIL RATE CHALLENGES UNDER THE STAND-ALONE COST METHODOLOGY · decision 35812
2. 22 Apr 2005 AB 854-X
   (1) GRANTED THE REQUEST OF THE COUNTY OF ELK (ELK COUNTY) TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL OCTOBER 20, 2005, FOR ELK COUNTY TO CONTINUE NEGOTIATIONS; AND (2) GRANTED THE REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JULY 22, 2005, FOR THE COUNTY OF CAMERON TO CONTINUE NEGOTIATIONS.

   Director Of Proceedings · ALLEGHENY AND EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ELK AND CAMERON COUNTIES, PA · decision 35776
3. 22 Apr 2005 AB 295 (Sub-No. 6X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · THE INDIANA RAIL ROAD COMPANY--ABANDONMENT EXEMPTION--IN MONROE COUNTY, IN · decision 35737
4. 22 Apr 2005 FD 34666
   PROVIDED NOTICE THAT COLUMBUS AND GREENVILLE RAILWAY COMPANY (C&G), HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM THE CITY OF GREENWOOD AND OPERATE APPROXIMATELY 2.99 MILES OF NEWLY CONSTRUCTED BYPASS RAIL LINE, EXTENDING FROM C&G MILEPOST 113.59 TO C&G MILEPOST 116.57, IN LEFLORE COUNTY, MS.

   Director Of Proceedings · COLUMBUS AND GREENVILLE RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINE OF CITY OF GREENWOOD, MS · decision 35719
5. 22 Apr 2005 NOR 41191 (Sub-No. 1)
   ESTABLISHED JUNE 9, 2005 AS THE DUE DATE FOR THE FILING OF BRIEFS IN THIS PROCEEDING.

   Secretary · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 35705
6. 21 Apr 2005 AB 565 (Sub-No. 14X)
   (1) GRANTED THE REQUEST OF CSX TRANSPORTATION, INC. TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS TO OCTOBER 18, 2005; AND (2) ORDERED THAT THE AUTHORITY TO ABANDON MUST BE EXERCISED ON OR BEFORE DECEMBER 18, 2005.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MONTGOMERY AND SCHENECTADY COUNTIES, NY · decision 35818
7. 21 Apr 2005 AB 33 (Sub-No. 214X)
   GRANTED THE REQUEST OF SUNFLOWER RECREATIONAL TRAILS, INC. TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU FOR AN ADDITIONAL 180 DAYS UNTIL OCTOBER 10, 2005.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LANE, NESS AND RUSH COUNTIES, KS · decision 35786
8. 21 Apr 2005 FD 34684
   PROVIDED NOTICE THAT MISSISSIPPI SOUTHERN RAILROAD, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO LEASE, FROM THE KANSAS CITY SOUTHERN RAILWAY COMPANY, AND OPERATE APPROXIMATELY 26.5 MILES OF RAIL LINE EXTENDING BETWEEN MILEPOST 133.0, NEAR BAY SPRINGS, MS, AND MILEPOST 159.5, NEAR NEWTON, MS.

   Director Of Proceedings · MISSISSIPPI SOUTHERN RAILROAD, INC.-LEASE AND OPERATION EXEMPTION-THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 35744
9. 21 Apr 2005 FD 34683
   PROVIDED NOTICE THAT WATCO COMPANIES, INC. FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF THE MISSISSIPPI SOUTHERN RAILROAD, INC. (MSRR), UPON MSRR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · WATCO COMPANIES--CONTINUANCE IN CONTROL EXEMPTION--MISSISSIPPI SOUTHERN RAILROAD, INC. · decision 35742
10. 21 Apr 2005 AB 771-X
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED A CONDITION THAT THE ABANDONMENT OF THE RAIL LINE BETWEEN MILEPOST 0.369 AND MILEPOST 1.172, IN THE CITY OF MOUNT VERNON, IN SKAGIT COUNTY, WA, IS SUBJECT TO THE CONDITION THAT MOUNT VERNON TERMINAL RAILWAY COMPANY L. L. C. NOTIFY NATIONAL GEODETIC SURVEY 90 DAYS PRIOR TO CONDUCTING SALVAGE ACTIVITIES TO PLAN FOR THE POSSIBLE RELOCATION OF THE STATION MARKERS IDENTIFIED ON THE LINE.

    Director Of Proceedings · MOUNT VERNON TERMINAL RAILWAY COMPANY L.L.C.-ABANDONMENT EXEMPTION-IN SKAGIT COUNTY, WA · decision 35734
11. 20 Apr 2005 AB 875-X
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE DECEMBER 23, 2004 DECISION.

    Director Of Proceedings · R.J. Corman Railroad Company/Bardstown Line -- Discontinuance Exemption -- In Johnson, Magoffin and Breathitt Counties, Kentucky · also entered in AB 876-X · decision 35772
12. 20 Apr 2005 FD 34685
    NOTICE THAT BNSF, PURSUANT TO SUPPLEMENTAL AGREEMENTS NOS. 1 AND NO. 2 ENTERED INTO BETWEEN BNSF AND D&I, HAS AGREED TO GRANT CERTAIN NON-EXCLUSIVE TRACKAGE RIGHTS TO D&I OVER BNSF'S RAIL LINE BETWEEN MILEPOST 145.91 AND MILEPOST 145.45 ON BNSF'S CORSON SUBDIVISION, AS WELL AS BETWEEN MILEPOST 0.0 AND MILEPOST 1.09 ON BNSF'S MADISON SUBDIVISION, IN SIOUX FALLS, SD, A TOTAL DISTANCE OF APPROXIMATELY 1.55 MILES.

    Director Of Proceedings · D & I RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35748
13. 19 Apr 2005 NOR 42069
    GRANTED DUKE ENERGY CORPORATION AND CAROLINA POWER & LIGHT COMPANY'S MOTIONS TO MODIFY THE PROCEDURAL SCHEDULES, AS ESTABLISHED IN THE JANUARY 6, 2005 DECISION.

    Secretary · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · also entered in NOR 42070, NOR 42072 · decision 35809
14. 19 Apr 2005 NOR 42089
    EXTENDED THE DUE DATE FOR BNSF TO FILE ITS ANSWER TO APRIL 28, 2005.

    Secretary · ALBANY & EASTERN RAILROAD COMPANY V. BNSF RAILWAY COMPANY · decision 35792
15. 19 Apr 2005 AB 170 (Sub-No. 2X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED TWO CONDITIONS ON ABANDONMENT OF THE LINE 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 · decision 35718
16. 18 Apr 2005 AB 565 (Sub-No. 1X)
    GRANTED CSX TRANSPORTATION, INC.'S REQUESTS TO: (1) EXTEND THE NITU NEGOTIATING PERIOD FOR THE 1.4-MILE LINE SEGMENT DESCRIBED IN THIS DECISION UNTIL OCTOBER 4, 2005; AND (2) TO EXTEND THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE DECEMBER 4, 2005.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 35769