Week of 26 May 2008

Decisions served

1. 30 May 2008 FD 35147
   DECISION GRANTED A PETITION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

   Secretary · NORFOLK SOUTHERN RAILWAY COMPANY, PAN AM RAILWAYS, INC., ET AL.-JOINT CONTROL AND OPERATING/POOLING AGREEMENTS-PAN AM SOUTHERN LLC · decision 39083
2. 30 May 2008 AB 303 (Sub-No. 29X)
   DECISION GRANTED THE WITHDRAWAL OF AN EXTENSION OF THE NEGOTIATING PERIOD UNDER THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT FILED BY THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES, ACTING THROUGH THE WISCONSIN DEPARTMENT OF TRANSPORTATION.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.-ABANDONMENT EXEMPTION-IN FOREST COUNTY, WI · decision 39075
3. 30 May 2008 AB 33 (Sub-No. 235X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN CALHOUN AND WEBSTER COUNTIES, IA · decision 39046
4. 30 May 2008 FD 35106
   PROVIDED NOTICE TO THE PARTIES THAT THE SERVICE LIST HAS BEEN COMPILED IN THIS PROCEEDING.

   Secretary · UNITED STATES DEPARTMENT OF ENERGY--RAIL CONSTRUCTION AND OPERATION--CALIENTE RAIL LINE IN LINCOLN, NYE, AND ESMERALDA COUNTIES, NEV. · decision 39043
5. 30 May 2008 FD 34284
   DECISION PROVIDED NOTICE THAT THE SECTION OF ENVIRONMENTAL ANALYSIS HAS PREPARED THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THIS PROCEEDING.

   Chief Of Section Of Environmental Analysis · SOUTHWEST GULF RAILROAD COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--IN MEDINA COUNTY, TX · decision 39042
6. 30 May 2008 FD 34284
   DECISION PROVIDED NOTICE OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR SOUTHWEST GULF RAILROAD COMPANY'S PROPOSAL TO CONSTRUCT AND OPERATE A RAIL LINE IN MEDINA COUNTY, TX.

   Chief Of Section Of Environmental Analysis · SOUTHWEST GULF RAILROAD COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--IN MEDINA COUNTY, TX · decision 39041
7. 30 May 2008 FD 34920
   DECISION DETERMINED THAT (1) THE SAVANNAH PORT TERMINAL RAILROAD, INC. (SPTR) PROPERLY ASSESSED DEMURRAGE CHARGES FOR SHIPMENTS DELIVERED TO A FACILITY OF CAPITAL CARGO, INC. (CAPITAL) UNDER APPLICABLE DEMURRAGE TARIFFS, AND (2) THAT SPTR WAS NOT OBLIGATED BY CONTRACT OR OTHERWISE TO PROVIDE 3 DELIVERIES PER DAY TO CAPITAL'S FACILITY.

   Entire Board · SAVANNAH PORT TERMINAL RAILROAD, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES AS APPLIED TO CAPITAL CARGO, INC. · decision 37431
8. 29 May 2008 AB 565 (Sub-No. 1X)
   DECISION (1) GRANTED THE REQUESTS TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD FOR THE PORTION OF LINE DESCRIBED IN THIS PROCEEDING, UNTIL NOVEMBER 14, 2008; AND (2) EXTENDED THE CONSUMMATION NOTICE FILING DEADLINE FOR THE ENTIRE LINE UNTIL JANUARY 13, 2009.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 39060
9. 29 May 2008 AB 303 (Sub-No. 28X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE MODIFIED SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE FEBRUARY 12, 2008 DECISION.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.-ABANDONMENT EXEMPTION-IN ASHLAND COUNTY, WI · decision 39044
10. 29 May 2008 AB 6 (Sub-No. 457X)
    DECISION REOPENED THIS PROCEEDING AND REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE OCTOBER 2007 DECISION.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN STEVENS COUNTY, MN · decision 39027
11. 29 May 2008 NOR 42106
    DECISION: (1) GRANTED THE REQUEST FOR INSTITUTION OF A DECLARATORY ORDER PROCEEDING, (2) ORDERED THAT DISCOVERY BE COMPLETED BY AUGUST 27, 2008, IN THIS PROCEEDING, (2) ORDERED THAT AMEROPAN OIL CORPORATION'S OPENING STATEMENT IS DUE BY SEPTEMBER 26, 2008, AND ITS REBUTTAL STATEMENT IS DUE BY NOVEMBER 17, 2008; AND (3) ORDERED THAT ILLINOIS CENTRAL RAILROAD COMPANY'S REPLY STATEMENT IS DUE BY OCTOBER 27, 2008.

    Director Of Proceedings · AMEROPAN OIL CORPORATION-PETITION FOR DECLARATORY ORDER-REASONABLENESS OF DEMURRAGE CHARGES · decision 39023
12. 29 May 2008 NOR 41191 (Sub-No. 1)
    DECISION DENIED THE PETITIONS OF RECONSIDERATION TO THE BOARD'S SEPTEMBER 10, 2007 DECISION FILED BY AEP TEXAS NORTH COMPANY AND BNSF RAILWAY COMPANY, WITH THE EXCEPTION OF THE COST OF CAPITAL ISSUE.

    Entire Board · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 38823
13. 29 May 2008 EP 575 (Sub-No. 1)
    DECISION ADOPTED THE INTERCHANGE COMMITMENT DISCLOSURE REGULATIONS THAT WERE PROPOSED IN THE FEDERAL REGISTER LAST NOVEMBER IN THIS PROCEEDING, BUT WITH MODIFICATIONS THAT WOULD CLARIFY THE EXTENT TO WHICH NEED FOR DISCLOSURE MUST BE SHOWN AND THAT WOULD ESTABLISH CERTAIN PROCEDURAL DEADLINES.

    Entire Board · DISCLOSURE OF RAIL INTERCHANGE COMMITMENTS · decision 38694
14. 28 May 2008 FD 35087
    DECISION GRANTED CANADIAN NATIONAL RAILWAY COMPANY'S AND GRAND TRUNK CORPORATION'S REQUEST FOR EXTENSION OF TIME TO REPLY TO THE MOTION TO COMPEL UNTIL JUNE 11, 2008.

    Secretary · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · also entered in FD 35087 (Sub-No. 1), FD 35087 (Sub-No. 2), FD 35087 (Sub-No. 3), FD 35087 (Sub-No. 4), FD 35087 (Sub-No. 5), FD 35087 (Sub-No. 6), FD 35087 (Sub-No. 7) · decision 39081
15. 28 May 2008 AB 33 (Sub-No. 251X)
    DECISION GRANTED WISCONSIN DEPARTMENT OF TRANSPORTATION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO NOVEMBER 12, 2008.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DANE COUNTY, WI · decision 39061
16. 28 May 2008 FD 35127
    DECISION GRANTED CSX TRANSPORTATION, INC.'S MOTION FOR A PROTECTIVE ORDER.

    Secretary · CSX TRANSPORTATION, INC.--TRACKAGE RIGHTS EXEMPTION--CENTRAL RAILROAD OF INDIANAPOLIS D/B/A CHICAGO, FORT WAYNE AND EASTERN · decision 39015
17. 27 May 2008 FD 35120
    DECISION GRANTED: (1) NEW YORK & ATLANTIC RAILWAY COMPANY'S (NYAR) PETITION TO INTERVENE; (2) DESIGNATED NYAR AS A PARTY OF RECORD IN THESE PROCEEDINGS.

    Secretary · PRO-GO CORP.-OPERATION EXEMPTION-IN SUFFOLK COUNTY, NY · also entered in FD 35126 · decision 39079