Week of 26 Jan 2009

Decisions served

1. 30 Jan 2009 AB 290 (Sub-No. 305X)
   DECISION: (1) REJECTED KISKI JUNCTION RAILROAD, INC.'S OFFER OF FINANCIAL ASSISTANCE; AND (2) DETERMINED THAT THE EXEMPTION AUTHORIZED BY THE JANUARY 2009 DECISION IN THIS PROCEEDING WILL BECOME EFFECTIVE ON FEBRUARY 15, 2009.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SOMERSET COUNTY, PA · decision 39699
2. 30 Jan 2009 AB 43 (Sub-No. 184X)
   DECISION DETERMINED THAT ILLINOIS CENTRAL RAILROAD COMPANY SHALL LEAVE INTACT THE RIGHT-OF-WAY, INCLUDING BRIDGES, TRESTLES, CULVERTS, AND TUNNELS UNTIL AUGUST 1, 2009, TO ENABLE ANY STATE OR LOCAL GOVERNMENT AGENCY OR ANY OTHER INTERESTED PERSON, TO NEGOTIATE THE ACQUISITION OF THE LINE FOR PUBLIC USE.

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COOK COUNTY, ILL. · decision 39695
3. 30 Jan 2009 FD 35214
   SHAWNEE TERMINAL RAILROAD CO., ALABAMA RAILROAD CO., AND ALABAMA & FLORIDA RAILWAY CO., INC. JOINTLY FILED A NOTICE OF EXEMPTION FOR A TRANSACTION WITHIN A CORPORATE FAMILY.

   Director Of Proceedings · SHAWNEE TERMINAL RAILROAD CO.-CORPORATE FAMILY EXEMPTION--ALABAMA RAILROAD CO., AND ALABAMA & FLORIDA RAILWAY CO., INC. · decision 39686
4. 30 Jan 2009 FD 35147
   DECISION PROVIDED THE FINAL POST ENVIRONMENTAL ASSESSMENT IN THIS PROCEEDING.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY, PAN AM RAILWAYS, INC., ET AL.-JOINT CONTROL AND OPERATING/POOLING AGREEMENTS-PAN AM SOUTHERN LLC · decision 39680
5. 30 Jan 2009 MCF 21030
   DECISION APPROVED COACH USA'S PROPOSED ACQUISITION AND OPERATION OF NEW TODAY BUS CORP. AND NEW TODAY BUS, INC.

   Entire Board · STAGECOACH GROUP PLC AND COACH USA, INC., ET AL.--ACQUISITION OF CONTROL--NEW TODAY BUS CORP. AND NEW TODAY BUS, INC. · decision 39662
6. 30 Jan 2009 AB 55 (Sub-No. 692X)
   DECISION REOPENED THIS PROCEEDING AND DETERMINED THAT THE EXEMPTION OF THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING BE SUBJECT TO A CERTAIN CONDITION THAT CSX TRANSPORTATION, INC. SHALL FOLLOW.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN NIAGARA COUNTY, NY · decision 39660
7. 30 Jan 2009 AB 491 (Sub-No. 2X)
   DECISION SET THE TERMS AND CONDITIONS FOR THE SALE OF A 7-MILE SEGMENT OF A LINE OF RAILROAD IN CLEARFIELD, JEFFERSON, AND INDIANA COUNTIES, PA.

   Entire Board · R.J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES, INC.-ABANDONMENT EXEMPTION-IN CLEARFIELD, JEFFERSON, AND INDIANA COUNTIES, PA · decision 39658
8. 30 Jan 2009 EP 646 (Sub-No. 2)
   DECISION DIRECTED THE ASSOCIATION OF AMERICAN RAILROADS, AND PERMITS OTHER PARTIES, TO FILE SUPPLEMENTAL EVIDENCE SO THAT THE BOARD HAS A FULL RECORD ON WHICH TO BASE ITS METHODOLOGY TO CALCULATE A RAILROAD-SPECIFIC AVERAGE STATE TAX RATE FOR USE IN THE REVENUE SHORTFALL ALLOCATION METHOD.

   Entire Board · SIMPLIFIED STANDARDS FOR RAIL RATE CASES-TAXES IN REVENUE SHORTFALL ALLOCATION METHOD · decision 39634
9. 29 Jan 2009 FD 35187
   DECISION DENIED THE PETITIONS OF THE UNITED TRANSPORTATION UNION AND BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN/MICHIGAN LEGISLATIVE BOARD TO STAY THE EXEMPTION NOTICED IN THIS DOCKET. ALSO, THIS DECISION ADDRESSED THE COMMENTS FILED BY MICHIGAN STATE SENATOR RAYMOND E. BASHAM.

   Commissioner · GRAND ELK RAILROAD, L.L.C.-LEASE AND OPERATION EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · decision 39628
10. 28 Jan 2009 FD 35087
    PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

    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. 3), FD 35087 (Sub-No. 4), FD 35087 (Sub-No. 5), FD 35087 (Sub-No. 6), FD 35087 (Sub-No. 7) · decision 39700
11. 28 Jan 2009 AB 1019-X
    DECISION REOPENED THIS PROCEEDING AND REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE DECEMBER 1, 2008 DECISION.

    Director Of Proceedings · TRANSIT AMERICA, LLC-ABANDONMENT EXEMPTION-IN BUCHANAN COUNTY, MO · decision 39684
12. 28 Jan 2009 FD 35212
    PROVIDED NOTICE THAT KYLE RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM MID-STATES PORT AUTHORITY AND TO OPERATE A 351.50-MILE LINE OF RAILROAD IN LINCOLN AND KIT CARSON COUNTIES, CO, AND SHERMAN, THOMAS, SHERIDAN, DECATUR, NORTON, PHILLIPS, SMITH, JEWELL, AND REPUBLIC COUNTIES, KS.

    Director Of Proceedings · KYLE RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--MID-STATES PORT AUTHORITY · decision 39668
13. 28 Jan 2009 AB 1020-X
    DECISION GRANTED THE REQUEST FILED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF BERKS, ACTING ON BEHALF OF THE COUNTY OF BERKS, PA, TO SET THE TERMS AND CONDITIONS FOR THE SALE OF AN 8.6-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 0.0 AT POTTSTOWN TO MILEPOST 8.6 AT BOYERTOWN, IN BERKS AND MONTGOMERY COUNTIES, PA.

    Entire Board · EAST PENN RAILROAD, LLC-ABANDONMENT EXEMPTION-IN BERKS AND MONTGOMERY COUNTIES, PA · decision 39637
14. 28 Jan 2009 EP 664 (Sub-No. 1)
    DECISION ADOPTED THE AVERAGE OF ITS CAPITAL ASSET PRICING MODEL AND THE MORNINGSTAR/IBBOTSON MULTI-STAGE DISCOUNTED CASH FLOW MODEL TO DETERMINE THE RAILROAD INDUSTRY'S CURRENT COST OF CAPITAL.

    Entire Board · USE OF A MULTI-STAGE DISCOUNTED CASH FLOW MODEL IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL · decision 39443
15. 27 Jan 2009 NOR 42099
    DECISION ESTABLISHED A SCHEDULE FOR E. I. DU PONT DE NEMOURS AND COMPANY AND CSX TRANSPORTATION, INC. TO FILE BRIEFS TO ADDRESS WHETHER AND HOW TO APPLY REVISED REVENUE SHORTFALL ALLOCATION METHODOLOGY FIGURES TO THESE PROCEEDINGS.

    Entire Board · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · also entered in NOR 42100, NOR 42101 · decision 39648
16. 27 Jan 2009 AB 33 (Sub-No. 230X)
    DECISION DENIED AN APPEAL OF A DECISION, WHICH REJECTED ROBERT ALAN KEMP'S OFFER OF FINANCIAL ASSISTANCE IN THIS PROCEEDING, BECAUSE: (1) THE RECORD SHOWS NO CURRENT OR FUTURE TRAFFIC TO SUPPORT CONTINUED RAIL SERVICE; AND (2) KEMP FAILED TO SHOW THAT HE WOULD BE ABLE TO FINANCE THE PURCHASE AND OPERATION OF THE SEGMENT. ALSO, THIS DECISION REJECTS ANOTHER APPEAL FILED BY KEMP AND ADDRESSES SEVERAL MOTIONS FILED BY KEMP.

    Entire Board · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN LASSEN COUNTY, CA, AND WASHOE COUNTY, NV · decision 39456
17. 26 Jan 2009 AB 290 (Sub-No. 306X)
    DECISION: (1) DENIED CONSOLIDATED RAIL CORPORATION'S, CSX TRANSPORTATION, INC.'S, AND NORFOLK SOUTHERN RAILWAY COMPANY'S (COLLECTIVELY APPLICANTS) REQUEST FOR WAIVER OF PREFILING NOTIFICATION REQUIREMENTS; (2) REJECTED APPLICANTS' VERIFIED NOTICE OF EXEMPTION TO ABANDON AND DISCONTINUE SERVICE IN THIS PROCEEDING; AND (3) DENIED, AS MOOT, APPLICANTS' AND THE CITY OF JERSEY CITY'S, PENNSYLVANIA RAILROAD HARSIMUS STEM EMBANKMENT PRESERVATION COALITION'S, AND RAILS TO TRAILS CONSERVANCY'S REQUESTS FOR STAY.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN HUDSON COUNTY, N.J. · also entered in AB 55 (Sub-No. 686X), AB 167 (Sub-No. 1189X) · decision 39676