Week of 19 May 2008

Decisions served

1. 23 May 2008 AB 762-X
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · MIDDLETOWN AND NEW JERSEY RAILWAY COMPANY, INC.--ABANDONMENT EXEMPTION--IN ORANGE COUNTY, NY · decision 39037
2. 23 May 2008 EP 679
   DECISION GRANTED A MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

   Secretary · ASSOCIATION OF AMERICAN RAILROADS--PETITION REGARDING METHODOLOGY FOR DETERMINING RAILROAD REVENUE ADEQUACY · decision 39032
3. 23 May 2008 AB 33 (Sub-No. 235X)
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON THE ROELYN INDUSTRIAL LEAD IN CALHOUN AND WEBSTER COUNTIES, IA.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN CALHOUN AND WEBSTER COUNTIES, IA · decision 39031
4. 23 May 2008 AB 1014
   DECISION GRANTED AN ADVERSE ABANDONMENT APPLICATION FILED BY THE CITY OF CREEDE, CO (THE CITY), SUBJECT TO CERTAIN EMPLOYEE AND ENVIRONMENTAL PROTECTIVE CONDITIONS, FOR A 1-MILE PORTION OF RAIL LINE WITHIN THE CITY LIMITS THAT IS OWNED BY THE DENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION.

   Entire Board · DENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION--ADVERSE ABANDONMENT--IN MINERAL COUNTY, CO · decision 38878
5. 22 May 2008 FD 35137
   PROVIDED AMENDED NOTICE OF EXEMPTION THAT CORRECTED THE NOTICE THAT WAS SERVED ON MAY 15, 2008.

   Director Of Proceedings · THE INDIANA RAIL ROAD COMPANY-TRACKAGE RIGHTS EXEMPTION-CSX TRANSPORTATION, INC. · decision 39071
6. 22 May 2008 EP 670 (Sub-No. 1)
   PROVIDED NOTICE THAT THERE WILL BE A MEETING OF THE RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE ON JUNE 12, 2008.

   Secretary · NOTICE OF RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE MEETING · decision 39068
7. 22 May 2008 FD 35036
   DECISION GRANTED THE TOWN OF BROOKHAVEN, NY'S REQUEST FOR EXTENSION OF TIME TO FILE REPLY UNTIL MAY 30, 2008.

   Secretary · SUFFOLK & SOUTHERN RAIL ROAD LLC-LEASE AND OPERATION EXEMPTION-SILLS ROAD REALTY, LLC · decision 39067
8. 21 May 2008 AB 103 (Sub-No. 21X)
   DECISION: (1) STAYED, PENDING FURTHER ORDER OF THE BOARD, THE CLOSING OF THE TRANSACTION IN THIS PROCEEDING UNDER THE BOARD'S OFFER OF FINANCIAL ASSISTANCE PROCEDURES; (2) DETERMINED THAT THE PARTIES IN THIS PROCEEDING MAY FILE BY MAY 28, 2008, PLEADINGS ADDRESSING THE EFFECT OF RAYMOND B. ENGLISH'S MOTION TO WITHDRAW HIS OFFER TO PURCHASE THE SEGMENT IN THIS PROCEEDING; AND (3) DETERMINED REPLIES ARE DUE BY JUNE 2, 2008.

   Commissioner · THE KANSAS CITY SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-LINE IN WARREN COUNTY, MS · decision 39070
9. 21 May 2008 FD 34997
   PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

   Secretary · JAMES RIFFIN-PETITION FOR DECLARATORY ORDER · decision 39064
10. 20 May 2008 AB 103 (Sub-No. 21X)
    DECISION: (1) ORDERED THE KANSAS CITY SOUTHERN RAILWAY COMPANY TO REMIT $19,277 TO JAMES RIFFIN (RIFFIN) AND TO TRANSPORT THE USED BRIDGE MATERIAL FROM TEXAS AND TENDER IT TO RIFFIN TO COVER DAMAGE TO THE GLASS ROAD BRIDGE WITHIN 60 DAYS AFTER THE SETTLEMENT OF THE PURCHASE OF THE LINE AT ISSUE; AND (2) REJECTED RIFFIN'S AND RAYMOND B. ENGLISH'S REQUEST TO JOINTLY PURCHASE THE ENTIRE VICKSBURG INDUSTRIAL LEAD IN WARREN COUNTY, MS.

    Entire Board · THE KANSAS CITY SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-LINE IN WARREN COUNTY, MS · decision 39030
11. 20 May 2008 AB 762-X
    PROVIDED NOTICE THAT MIDDLETOWN AND NEW JERSEY RAILWAY COMPANY, INC. FILED A NOTICE OF EXEMPTION TO ABANDON A 7.50+/- MILE LINE OF RAILROAD IN ORANGE COUNTY, NY.

    Director Of Proceedings · MIDDLETOWN AND NEW JERSEY RAILWAY COMPANY, INC.--ABANDONMENT EXEMPTION--IN ORANGE COUNTY, NY · decision 39013
12. 20 May 2008 AB 1017-X
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) DETERMINED THAT THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER IN THIS PROCEEDING IS SUBJECT TO CERTAIN CONDITIONS.

    Director Of Proceedings · WEST SHORE RAILROAD CORPORATION-ABANDONMENT EXEMPTION-IN UNION AND NORTHUMBERLAND COUNTIES, PA. · decision 39002
13. 19 May 2008 FD 35130
    DECISION GRANTED THE MOTION FOR EXTENSION OF TIME FILED BY THE STATE OF OREGON, THE COOS-SISKIYOU SHIPPERS COALITION, AND THE OREGON INTERNATIONAL PORT OF COOS BAY. THEIR RESPONSES TO RAILAMERICA, INC. AND CENTRAL OREGON & PACIFIC RAILROAD, INC.'S MAY 12, 2008 RESPONSE ARE DUE BY JUNE 3, 2008.

    Secretary · CENTRAL OREGON & PACIFIC RAILROAD, INC.--COOS BAY RAIL LINE · decision 39054
14. 19 May 2008 FD 32187
    DECISION (1) GRANTED THE SECOND MOTION TO COMPEL DISCOVERY, TO THE EXTENT SET FORTH IN THIS DECISION, FILED BY ENTERGY ARKANSAS, INC., AND ENTERGY SERVICES, INC.; (2) MODIFIED THE PROCEDURAL SCHEDULE IN THESE PROCEEDINGS; AND (3) GRANTED ARKANSAS ELECTRIC COOPERATIVE CORPORATION'S PETITION TO INTERVENE.

    Secretary · MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC. - LEASE, ACQUISITION AND OPERATION EXEMPTION - MISSOURI PACIFIC RAILROAD COMPANY AND BURLINGTON NORTHERN RAILROAD COMPANY · also entered in NOR 42104 · decision 39039
15. 19 May 2008 NOR 42095
    DECISION: (1) FOUND THAT THE RATES FOR THE CHALLENGED MOVEMENTS ALL EXCEED 180% OF THE VARIABLE COST OF PROVIDING SERVICE; (2) ORDERED REPARATIONS AND PRESCRIBED A MAXIMUM REASONABLE RATE LIMIT OF THE 180% OF VARIABLE COST PURSUANT TO A STIPULATION BETWEEN THE PARTIES; AND (3) DENIED THE UNREASONABLE PRACTICE CLAIM.

    Entire Board · KANSAS CITY POWER & LIGHT COMPANY V. UNION PACIFIC RAILROAD COMPANY · decision 36335