Week of 6 Jun 2005

Decisions served

1. 10 Jun 2005 AB 290 (Sub-No. 259X)
   (1) REOPENED THIS PROCEEDING; (2) ORDERED THE REQUESTS FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE AND A PUBLIC USE CONDITION ARE TO BE HELD IN ABEYANCE PENDING COMPLETION OF THE OFA PROCESS; AND (3) PROVIDED THAT THE OFA PROCESS TERMINATES, A DECISION EFFECTIVE ON ITS SERVICE DATE WILL BE ISSUED TO IMPOSE THE INTERIM TRAIL USE AND PUBLIC USE CONDITIONS.

   Director Of Proceedings · TENNESSEE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND CAMPBELL COUNTIES, TN · decision 35934
2. 10 Jun 2005 FD 34705
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY OVER BNSF'S LINE BETWEEN ARDOCH, ND, AND ERSKINE, MN, AS FOLLOWS: (1) FROM ARDOCH AT BNSF MILEPOST 24.5 TO GRAND FORKS, ND, AT BNSF MILEPOST 0.0, (2) FROM GRAND FORKS AT BNSF MILEPOST 109.9 TO CROOKSTON JUNCTION, MN, AT BNSF MILEPOST 80.9, AND (3) FROM CROOKSTON JUNCTION AT BNSF MILEPOST 0.0 TO ERSKINE AT BNSF MILEPOST 31.5, A TOTAL DISTANCE OF APPROXIMATELY 84.6 MILES.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35891
3. 9 Jun 2005 MCF 21008
   GRANTED THE REQUEST OF THE COLORADO PUBLIC UTILITIES COMMISSION TO WAIVE THE FILING REQUIREMENT OF 49 CFR 1104.7, AND ITS REQUEST TO MODIFY THE PROCEDURAL SCHEDULE.

   Secretary · 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 35940
4. 8 Jun 2005 FD 34672
   THE BOARD INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(b).

   Secretary · UNION PACIFIC RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINE OF BNSF RAILWAY COMPANY · decision 35913
5. 8 Jun 2005 FD 34706
   BNSF HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF'S LINES NEAR RICKER TX AND TECIFIC TX.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35901
6. 8 Jun 2005 FD 34703
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AGREED TO GRANT CERTAIN TRACKAGE RIGHTS TO ILLINOIS CENTRAL RAILROAD COMPANY OVER UP'S LINE OF RAILROAD EXTENDING FROM MILEPOST AH38.5 AT JOLIET, IL, TO MILEPOST AH39.43 NEAR SOUTH JOLIET, IL, A DISTANCE OF APPROXIMATELY 0.93 MILES.

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY-TRACKAGE RIGHTS EXEMPTION -UNION PACIFIC RAILROAD COMPANY · decision 35894
7. 8 Jun 2005 WCC 101
   (1) ORDERED THE GOVERNMENT OF THE TERRITORY OF GUAM (GOVGUAM) TO SHOW CAUSE BY JUNE 28, 2005, WHY THIS PROCEEDING SHOULD NOT BE DISMISSED; (2) INSTRUCTED GOVGUAM TO SERVE A COPY OF ITS RESPONSE TO THE BOARD ON DEFENDANTS AND; (3) ADVISED THE DEFENDANTS AND CARIBBEAN SHIPPERS ASSOCIATION TO RESPOND BY JULY 8, 2005.

   Entire Board · GOVERNMENT OF THE TERRITORY OF GUAM V. SEA-LAND SERVICE, INC., AMERICAN PRESIDENT LINES, LTD., AND MATSON NAVIGATION COMPANY, INC. · decision 35868
8. 8 Jun 2005 AB 6 (Sub-No. 335X)
   DENIED: (1) TRACEY AND LORRAINE ZOLLER, WILLIAM GIERSCH, DAVID AND KRISTEN MATTSON, AND ALLEN TOOKE'S MOTION TO HOLD THESE PROCEEDINGS IN ABEYANCE; AND (2) THE PETITION TO REOPEN, DECLARE CERTAIN SEGMENTS ABANDONED, AND REVOKE AUTHORITY FOR INTERIM TRAIL USE.

   Entire Board · BURLINGTON NORTHERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--BETWEEN KLICKITAT AND GOLDENDALE, WA · also entered in AB 6 (Sub-No. 346X) · decision 35652
9. 6 Jun 2005 NOR 42093
   (1) PROVIDED A 30-DAY PERIOD FOR NON-BINDING MEDIATION, AND A DESIGNATED BOARD STAFF MEMBER WILL SERVE AS MEDIATOR; (2) ORDERED THAT THE PROCEDURAL SCHEDULE BE HELD IN ABEYANCE FOR 30 DAYS; (3) DENIED BP AMOCO CHEMICAL COMPANY'S REQUEST FOR AN INJUNCTION GOVERNING THE RATES THAT NORFOLK SOUTHERN RAILWAY COMPANY MAY CHARGE FOR THE ISSUE TRAFFIC; AND (4) ESTABLISHED A PROCEDURAL SCHEDULE THAT BECOMES EFFECTIVE ON JULY 6, 2005, ABSENT A FURTHER BOARD ORDER.

   Entire Board · BP AMOCO CHEMICAL COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 35917
10. 6 Jun 2005 NOR 41191 (Sub-No. 1)
    DENIED BNSF RAILWAY COMPANY'S MOTION FILED ON MAY 18, 2005, TO SUSPEND THE BRIEFING SCHEDULE.

    Secretary · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 35903
11. 6 Jun 2005 AB 6 (Sub-No. 409X)
    THE BOARD GRANTED BNSF AN EXTENSION OF TIME TO FILE ITS NOTICE OF CONSUMMATION TO ON OR BEFORE DECEMBER 31, 2005.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON, THAYER, AND NUCKOLLS COUNTIES, NE, AND REPUBLIC COUNTY, KS · decision 35828
12. 6 Jun 2005 FD 34599
    DENIED MID-AMERICA'S REQUEST FOR A DECLARATORY ORDER.

    Director Of Proceedings · MID-AMERICA LOCOMOTIVE AND CAR REPAIR, INC.--PETITION FOR DECLARATORY ORDER · decision 35256