Week of 27 Jun 2005

Decisions served

1. 1 Jul 2005 NOR 42071
   ANNOUNCED THAT THE BOARD WILL HOLD AN ORAL ARGUMENT IN THIS PROCEEDING ON JULY 27, 2005, AT 1 P.M., IN THE BOARD'S HEARING ROOM, AT 1925 K STREET, N.W., WASHINGTON, DC.

   Secretary · OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY · decision 35991
2. 1 Jul 2005 NOR 42086
   PROVIDED NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT JUNE 23, 2005, IN THESE PROCEEDINGS, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

   Secretary · TERMINAL WAREHOUSE, INC. V. CSX TRANSPORTATION, INC. · also entered in AB 55 (Sub-No. 631X) · decision 35988
3. 1 Jul 2005 AB 792-X
   (1) REOPENED THIS PROCEEDING; (2) MODIFIED THE SECTION 106 CONDITION PREVIOUSLY IMPOSED IN THE MAY 2, 2005 DECISION; AND (3) ORDERED THAT ALL OTHER PROVISIONS AND ENVIRONMENTAL CONDITIONS IMPOSED IN THE MAY 2, 2005 DECISION IN THIS PROCEEDING WILL REMAIN IN EFFECT.

   Director Of Proceedings · RAILROAD SWITCHING SERVICE OF MISSOURI, INC.--ABANDONMENT EXEMPTION--IN ST. LOUIS COUNTY, MO · decision 35975
4. 1 Jul 2005 AB 3 (Sub-No. 137X)
   (1) REOPENED THIS PROCEEDING; (2) VACATED THE NITU SERVED FEBRUARY 14, 1997, FOR THAT PORTION OF THE RIGHT-OF-WAY FROM MILEPOST 23.0 TO MILEPOST 42.59, AT THE RED RIVER COUNTY LINE; (3) ISSUED A REPLACEMENT NITU DESIGNATING BOWIE COUNTY AS INTERIM TRAIL USER FOR THAT PORTION OF THE RIGHT-OF-WAY FROM MILEPOST 23.0 TO MILEPOST 42.59, AT THE RED RIVER COUNTY LINE.

   Director Of Proceedings · MISSOURI PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RED RIVER AND BOWIE COUNTIES, TEX. · decision 35969
5. 1 Jul 2005 AB 979-X
   CONCLUDED THAT ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · CONNECTICUT SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HARTFORD COUNTY, CT · decision 35947
6. 1 Jul 2005 FD 34710
   PROVIDED NOTICE THAT CG RAILWAY, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE FROM THE PORT OF NEW ORLEANS (PORT), AN AGENCY OF THE STATE OF LOUISIANA, AND OPERATE APPROXIMATELY 3.4 MILES OF RAIL LINE CONSISTING OF THE PORT'S NORTH YARD, INCLUDING TRACK NOS. 1, 2, 3, 4, 5, 6, AND 7, AND THE ELAINE STREET LEAD BETWEEN MILEPOST G1.2 AND MILEPOST G2.4, WHICH WILL ENABLE IT TO INTERCHANGE TRAFFIC DIRECTLY WITH CSX TRANSPORTATION, INC., IN NEW ORLEANS.

   Director Of Proceedings · CG RAILWAY, INC.--LEASE AND OPERATION EXEMPTION--PORT OF NEW ORLEANS, LA · decision 35920
7. 30 Jun 2005 AB 290 (Sub-No. 259X)
   (1) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED; (2) ADVISED NATIONAL COAL CORPORATION AND TENNESSEE RAILWAY COMPANY THAT IF THEY CANNOT AGREE ON THE PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE PRICE ON OR BEFORE JULY 27, 2005; AND (3) ORDERED THAT IF NO AGREEMENT IS REACHED AND NO REQUESTS IS SUBMITTED BY THAT DATE, THE BOARD WILL SERVE A DECISION VACATING THIS DECISION AND ALLOW THE ABANDONMENT EXEMPTIONS TO BECOME EFFECTIVE.

   Director Of Proceedings · TENNESSEE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND CAMPBELL COUNTIES, TN · also entered in AB 290 (Sub-No. 260X) · decision 35984
8. 30 Jun 2005 AB 875-X
   EXTENDED NITU NEGOTIATING PERIOD UNTIL DECEMBER 23, 2005.

   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 35981
9. 30 Jun 2005 EP 558 (Sub-No. 80)
   THE BOARD FOUND THAT, UPON REVIEW OF THE EVIDENCE TENDERED IN THIS PROCEEDING, THE RAILROAD INDUSTRY HAD A COMPOSITE AFTER-TAX COST-OF-CAPITAL OF 10.1%.

   Entire Board · RAILROAD COST-OF-CAPITAL--2004 · decision 35830
10. 29 Jun 2005 AB 55 (Sub-No. 614X)
    EXTENDED THE NITU NEGOTIATION PERIOD TO DECEMBER 26, 2005, AND EXTENDED THE TIME FOR CSXT TO EXERCISE THE ABANDONMENT AUTHORITY AND TO FILE A NOTICE OF CONSUMMATION TO ON OR BEFORE FEBRUARY 24, 2006.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN RICHMOND COUNTY, GA · decision 35995
11. 29 Jun 2005 AB 979-X
    PROVIDED NOTICE THAT CONNECTICUT SOUTHERN RAILROAD, INC. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 TO ABANDON A 942-FOOT LONG STUB-ENDED LINE OF RAILROAD EXTENDING FROM MILEPOST 9.4 TO THE END OF THE LINE AT MILEPOST 9.6, IN MANCHESTER, HARTFORD COUNTY, CT.

    Director Of Proceedings · CONNECTICUT SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HARTFORD COUNTY, CT · decision 35954
12. 29 Jun 2005 AB 369 (Sub-No. 5X)
    PROVIDED NOTICE THAT BUFFALO & PITTSBURGH RAILROAD, INC. (BPRR) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 TO DISCONTINUE SERVICE OVER A 40.0-MILE PORTION OF A LINE OPERATED BY BPRR BETWEEN MILEPOST 22.0 SOUTH OF BROOKVILLE IN JEFFERSON COUNTY, PA, AND MILEPOST 62.0 IN MAHONING IN ARMSTRONG COUNTY, PA.

    Director Of Proceedings · BUFFALO & PITTSBURGH RAILROAD, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--BETWEEN BROOKVILLE AND MAHONING IN JEFFERSON AND ARMSTRONG COUNTIES, PA · decision 35952
13. 29 Jun 2005 AB 976-X
    PROVIDED NOTICE THAT PITTSBURG & SHAWMUT RAILROAD, LLC FILED A PETITION FOR EXEMPTION TO ABANDON A LINE OF RAILROAD BETWEEN MILEPOST 22.0 SOUTH OF BROOKVILLE IN JEFFERSON COUNTY, PA, AND MILEPOST 62.0 IN MAHONING IN ARMSTRONG COUNTY, PA.

    Director Of Proceedings · PITTSBURG & SHAWMUT RAILROAD, LLC--ABANDONMENT EXEMPTION--IN ARMSTRONG AND JEFFERSON COUNTIES, PA · decision 35951
14. 28 Jun 2005 NOR 42093
    (1) GRANTED THE REQUEST OF BP AMOCO CHEMICAL COMPANY (BP) TO DISMISS ITS COMPLAINT WITH PREJUDICE; AND (2) DISMISSED AS MOOT BP'S APPEAL SEEKING ADDITIONAL ACCESS TO THE COSTED WAYBILL SAMPLE.

    Secretary · BP AMOCO CHEMICAL COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 35982
15. 28 Jun 2005 AB 347 (Sub-No. 3X)
    GRANTED FLORIDA WEST COAST RAILROAD COMPANY, INC.'S REQUEST TO EXTEND THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE SEPTEMBER 14, 2005.

    Director Of Proceedings · FLORIDA WEST COAST RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN ALACHUA AND GILCHRIST COUNTIES, FL · decision 35977
16. 28 Jun 2005 AB 303 (Sub-No. 26X)
    GRANTED THE CITY OF ASHLAND'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS UNTIL DECEMBER 25, 2005.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN ASHLAND COUNTY, WIS. · decision 35965