Week of 14 Jan 2008

Decisions served

1. 18 Jan 2008 EP 664
   PROVIDED NOTICE OF INADVERTENT ERRORS IN A DECISION SERVED IN THIS PROCEEDING ON JANUARY 17, 2008.

   Secretary · METHODOLOGY TO BE EMPLOYED IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL · decision 38739
2. 18 Jan 2008 FD 35090
   DECISION REJECTED JP RAIL, INC.'S NOTICE OF EXEMPTION TO LEASE FROM NAT INDUSTRIES, INC. AND TO OPERATE APPROXIMATELY 1 MILE OF TRACK IN CARROLL TOWNSHIP, PA, BECAUSE JP RAIL'S OPERATIONS WOULD INVOLVE THE TRANSLOADING OF SOLID WASTE IN CONTRAVENTION OF THE CONSOLIDATED APPROPRIATIONS ACT, 2008, PUB. L. NO. 110-161, 121 STAT. 1844 (2007).

   Entire Board · JP RAIL, INC.-LEASE AND OPERATION EXEMPTION-NAT INDUSTRIES, INC. · decision 38697
3. 18 Jan 2008 FD 35087
   DECISION PROVIDED NOTICE TO ALL PARTIES THAT A SERVICE LIST HAD BEEN COMPILED FOR THIS PROCEEDING.

   Secretary · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 38639
4. 17 Jan 2008 AB 103 (Sub-No. 21X)
   DECISION GRANTED A REQUEST TO EXTEND THE TIME PERIOD FOR EITHER PARTY TO REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF A PURCHASE.

   Director Of Proceedings · THE KANSAS CITY SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-LINE IN WARREN COUNTY, MS · decision 38738
5. 17 Jan 2008 EP 664
   DECISION REPLACED THE SINGLE-STAGE DISCOUNTED CASH FLOW MODEL WITH A CAPITAL ASSET PRICING MODEL TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL.

   Entire Board · METHODOLOGY TO BE EMPLOYED IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL · decision 38721
6. 17 Jan 2008 EP 558 (Sub-No. 10)
   DECISION ESTABLISHED A PROCEDURAL SCHEDULE IN THIS PROCEEDING.

   Secretary · RAILROAD COST OF CAPITAL--2006 · decision 38703
7. 16 Jan 2008 EP 675
   PROVIDED NOTIFICATION TO THE PUBLIC OF THE ENACTMENT OF THE CONSOLIDATED APPROPRIATIONS ACT, 2008, PUB. L. NO. 110-161, 121 STAT. 1844 (2007) (ACT), SPECIFICALLY SECTION 193 RELATING TO SOLID WASTE RAIL TRANSFER FACILITIES. THIS NOTICE ALSO STATES THAT THE BOARD WILL ENSURE COMPLIANCE WITH THE ACT BY PROVIDING NOTICE HEREIN THAT NO PERTINENT BOARD DECISION ISSUED DURING THE PERIOD COVERED BY THE ACT WILL AUTHORIZE ANY OF THE SPECIFIED SOLID WASTE RAIL TRANSFER FACILITY ACTIVITIES PRIOR TO RECEIPT OF THE WRITTEN ASSURANCE REFERENCED IN THE ACT FROM THE GOVERNOR (OR GOVERNOR'S DESIGNEE) OF THE STATE WHERE SUCH ACTIVITIES ARE PROPOSED.

   Entire Board · CONSOLIDATED APPROPRIATIONS ACT, 2008--SOLID WASTE RAIL TRANSFER FACILITIES · decision 38704
8. 15 Jan 2008 FD 32760 (Sub-No. 45)
   DECISION GRANTED UNION PACIFIC RAILROAD COMPANY'S MOTION TO EXTEND THE TIME TO FILE AN APPEAL TO THE ARBITRATION AWARD ISSUED IN THIS PROCEEDING TO FEBRUARY 15, 2008.

   Secretary · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY · decision 38727
9. 15 Jan 2008 NOR 42099
   DECISION (1) GRANTED IN PART E.I. DU PONT DE NEMOURS AND COMPANY'S MOTION TO EXTEND THE PROCEDURAL SCHEDULE UNTIL FEBRUARY 4, 2008; AND (2) EXTENDED THE REMAINING DEADLINES IN THESE PROCEEDING BY ONE WEEK.

   Secretary · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · also entered in NOR 42100, NOR 42101 · decision 38723
10. 15 Jan 2008 AB 993-X
    DECISION (1) GRANTED THE PETITION OF THE LANDOWNERS TO INTERVENE IN THESE PROCEEDINGS IN OPPOSITION TO THE JOINT PETITION FOR RECONSIDERATION; (2) GRANTED VANDALIA RAILROAD COMPANY'S MOTION TO WITHDRAW ITS NOTICE OF INTENT TO FILE AN OFFER OF FINANCIAL ASSISTANCE; AND (3) GRANTED THE JOINT PETITION FOR RECONSIDERATION IN THIS PROCEEDING.

    Director Of Proceedings · MOTIVE RAIL, INC. D/B/A MISSOURI NORTH CENTRAL RAILROAD-DISCONTINUANCE EXEMPTION-IN LIVINGSTON, LINN, AND CHARITON COUNTIES, MO · also entered in AB 1001-X · decision 38722
11. 15 Jan 2008 NOR 42099
    DECISION GRANTED IN PART AND DENIED IN PART E.I. DU PONT DE NEMOURS AND COMPANY'S MOTION TO COMPEL DISCOVERY.

    Entire Board · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · also entered in NOR 42100, NOR 42101 · decision 38690
12. 15 Jan 2008 AB 33 (Sub-No. 255)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN CARVER AND SCOTT COUNTIES, MINN. · decision 38643
13. 14 Jan 2008 EP 665
    DECISION DISCONTINUED THIS PROCEEDING, WHICH WAS INITIATED BY THE BOARD IN RESPONSE TO THE OCTOBER 6, 2006 GOVERNMENT ACCOUNTABILITY OFFICE REPORT ENTITLED FREIGHT RAILROADS: INDUSTRY HEALTH HAS IMPROVED, BUT CONCERNS ABOUT COMPETITION AND CAPACITY SHOULD BE ADDRESSED.

    Entire Board · RAIL TRANSPORTATION OF GRAIN · decision 38455