Week of 10 Sep 2007

Decisions served

1. 14 Sep 2007 FD 35075
   PROVIDED NOTICE THAT WATCO COMPANIES, INC. AND ITS WHOLLY OWNED SUBSIDIARY, WATCO TRANSPORTATION SERVICES, INC., BOTH NONCARRIERS, JOINTLY FILED A NOTICE OF EXEMPTION TO CONTINUE CONTROL OF AUSTIN WESTERN RAILROAD, INC. (AWRR), UPON AWRR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · WATCO COMPANIES, INC., AND WATCO TRANSPORTATION SERVICES, INC.-CONTINUANCE IN CONTROL EXEMPTION-AUSTIN WESTERN RAILROAD, INC. · decision 38362
2. 14 Sep 2007 FD 35072
   PROVIDED NOTICE THAT AUSTIN WESTERN RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO OPERATE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY'S APPROXIMATELY 164. 83 MILES OF RAILROAD IN TEXAS.

   Director Of Proceedings · AUSTIN WESTERN RAILROAD, INC.-OPERATION EXEMPTION-CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY · decision 38361
3. 13 Sep 2007 AB 6 (Sub-No. 450X)
   DECISION REOPENED THIS PROCEEDING AND ORDERED THAT THE EXEMPTION OF ABANDONMENT OF THE LINE DESCRIBED BE SUBJECT TO THE CONDITIONS SET FORTH IN THIS PROCEEDING.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CLAY COUNTY, MO · decision 38395
4. 13 Sep 2007 AB 1016-X
   PROVIDED NOTICE THAT THE KANSAS CITY SOUTHERN RAILWAY COMPANY (KCSR) AND VICKSBURG SOUTHERN RAILROAD, INC. (VSOR) JOINTLY FILED A PETITION FOR EXEMPTION. KCSR SEEKS TO ABANDON AND VSOR SEEKS TO DISCONTINUE SERVICE OVER APPROXIMATELY 4.25 MILES OF RAIL LINE IN WARREN COUNTY, MS.

   Director Of Proceedings · VICKSBURG SOUTHERN RAILROAD, INC. - DISCONTINUANCE OF SERVICE EXEMPTION- LINE IN WARREN COUNTY, MS · also entered in AB 103 (Sub-No. 21X) · decision 38351
5. 13 Sep 2007 FD 35018
   DECISION GRANTED A MOTION TO DISMISS A NOTICE OF EXEMPTION FILED BY THE STATE OF MAINE, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, TO ACQUIRE FROM ST. LAWRENCE & ATLANTIC RAILROAD CERTAIN RIGHT-OF-WAY AND TRACKAGE, TOTALING APPROXIMATELY 11 MILES, IN CUMBERLAND COUNTY, ME.

   Entire Board · STATE OF MAINE-ACQUISITION EXEMPTION-CERTAIN ASSETS OF ST. LAWRENCE & ATLANTIC RAILROAD COMPANY · decision 38202
6. 12 Sep 2007 FD 35076
   PROVIDED NOTICE THAT THE CITY OF BOISE RAILROAD FILED A NOTICE OF EXEMPTION TO OPERATE AN 18.2-MILE LINE OF RAILROAD KNOWN AS THE BOISE CUTOFF, IN ADA COUNTY, ID.

   Director Of Proceedings · CITY OF BOISE RAILROAD--OPERATION EXEMPTION--THE BOISE CUTOFF RAIL LINE IN ADA COUNTY, ID · decision 38349
7. 12 Sep 2007 AB 290 (Sub-No. 257X)
   DECISION GRANTED THE INDIANA TRAILS FUND, INC.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO FEBRUARY 3, 2008.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BLACKFORD COUNTY, IN · decision 38324
8. 11 Sep 2007 AB 33 (Sub-No. 249X)
   DECISION REOPENED THIS PROCEEDING AND FOUND THAT THE NOTICE SERVED AND PUBLISHED IN THIS PROCEEDING IS SUBJECT TO A CONDITION RECOMMENDED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN PLUMAS AND SIERRA COUNTIES, CA · decision 38385
9. 11 Sep 2007 AB 55 (Sub-No. 681X)
   DECISION CONCLUDED THAT THE ABANDONMENT IN THIS PROCEEDING WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ORANGE COUNTY, FL · decision 38347
10. 11 Sep 2007 AB 1000 (Sub-No. 1X)
    PROVIDED NOTICE THAT GEORGIA SOUTHWESTERN RAILROAD, INC. FILED A PETITION FOR EXEMPTION TO ABANDON A 43-MILE LINE OF RAILROAD IN HARRIS AND MERIWETHER COUNTIES, GA, AND TO DISCONTINUE OVERHEAD TRACKAGE RIGHTS OVER A LINE OWNED BY CENTRAL OF GEORGIA RAILROAD COMPANY IN HARRIS COUNTY, GA.

    Director Of Proceedings · GEORGIA SOUTHWESTERN RAILROAD, INC.-ABANDONMENT AND DISCONTINUANCE EXEMPTION-IN HARRIS AND MERIWETHER COUNTIES, GA · decision 38336
11. 11 Sep 2007 AB 33 (Sub-No. 201X)
    DECISION GRANTED THE IOWA TRAILS COUNCIL'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO OCTOBER 21, 2007.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 38320
12. 10 Sep 2007 NOR 41191
    DECISION REOPENED THIS PROCEEDING AND VACATED THE RATE PRESCRIPTION FOR COAL SHIPMENTS FROM THE RAWHIDE MINE IN THE POWDER RIVER BASIN OF WYOMING TO THE OKLAUNION GENERATING STATION NEAR VERNON, TEXAS.

    Entire Board · WEST TEXAS UTILITIES COMPANY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 38340
13. 10 Sep 2007 AB 6 (Sub-No. 457X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN STEVENS COUNTY, MN · decision 38322
14. 10 Sep 2007 AB 290 (Sub-No. 238X)
    DECISION GRANTED THE BUCHANAN COUNTY BOARD OF SUPERVISORS' REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO SEPTEMBER 22, 2007.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 38314
15. 10 Sep 2007 AB 6 (Sub-No. 439X)
    DECISION REOPENED THIS PROCEEDING AND REMOVED THE CONSULTATION CONDITION IMPOSED IN THE AUGUST 2006 DECISION.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BOTTINEAU COUNTY, ND · decision 38309
16. 10 Sep 2007 NOR 42088
    DECISION FOUND THAT BNSF RAILWAY COMPANY HAS MARKET DOMINANCE OVER THE TRANSPORTATION AT ISSUE, BUT WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE (WFA) HAVE FAILED TO ESTABLISH THAT THE CHALLENGED RATES ARE UNREASONABLY HIGH. WFA ARE OFFERED AN OPPORTUNITY TO SUBMIT SUPPLEMENTAL EVIDENCE UNDER THE STAND-ALONE COST CONSTRAINT.

    Entire Board · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 38254
17. 10 Sep 2007 NOR 41191 (Sub-No. 1)
    DECISION FOUND THAT AEP TEXAS NORTH COMPANY FAILED TO DEMONSTRATE THAT BNSF RAILWAY COMPANY'S RATES ARE UNREASONABLY HIGH. HOWEVER, THIS DECISION OFFERED AEP TEXAS AN OPPORTUNITY TO SUBMIT SUPPLEMENTAL EVIDENCE UNDER THE STAND-ALONE CONSTRAINT.

    Entire Board · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 36778