Week of 18 Jan 2010

Decisions served

1. 22 Jan 2010 FD 35305
   DECISION MODIFIED THE FINAL SERVICE IN THIS PROCEEDING.

   Director Of Proceedings · ARKANSAS ELECTRIC COOPERATIVE CORPORATION--PETITION FOR DECLARATORY ORDER · decision 40546
2. 22 Jan 2010 EP 646 (Sub-No. 2)
   DECISION ADOPTED THE ASSOCIATION OF AMERICAN RAILROADS' EVIDENCE FOR THE CALCULATION OF AVERAGE STATE TAX RATES FOR USE IN THE BOARD'S CALCULATION OF THE 2008 REVENUE SHORTFALL ALLOCATION METHOD.

   Entire Board · SIMPLIFIED STANDARDS FOR RAIL RATE CASES-TAXES IN REVENUE SHORTFALL ALLOCATION METHOD · decision 40471
3. 22 Jan 2010 FD 35324
   DECISION (1) GRANTED A REQUEST FOR INSTITUTION OF A DECLARATORY ORDER PROCEEDING; AND (2) DETERMINED THAT THIS PROCEEDING WILL BE HANDLED UNDER THE MODIFIED PROCEDURE ON THE BASIS OF WRITTEN STATEMENTS SUBMITTED BY THE PARTIES.

   Director Of Proceedings · TECK METALS LTD.--PETITION FOR DECLARATORY ORDER--PRACTICES OF WHEELING & LAKE ERIE RAILWAY COMPANY · decision 40396
4. 22 Jan 2010 AB 497 (Sub-No. 5X)
   DECISION GRANTED MINNESOTA NORTHERN RAILROAD, INC.'S PETITION FOR AN EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A 20.035-MILE PORTION OF ITS WARROAD SUBDIVISION BETWEEN MILEPOST 83.6, LOCATED APPROXIMATELY 300 FEET WEST OF ROSEAU COUNTY ROAD 124 (11TH AVE, SE) IN ROSEAU, AND MILEPOST 103.635, AT THE END OF THE LINE AT WARROAD, IN ROSEAU COUNTY, MN, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · MINNESOTA NORTHERN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN ROSEAU COUNTY, MINN. · decision 40317
5. 22 Jan 2010 AB 1041-X
   DECISION GRANTED DAKOTA NORTHERN RAILROAD, INC.'S PETITION TO DISCONTINUE SERVICE OVER A PORTION OF BNSF RAILWAY COMPANY'S GLASSTON SUBDIVISION THAT IS A DISTANCE OF 18.12 MILES, SUBJECT TO THE STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · DAKOTA NORTHERN RAILROAD, INC.-DISCONTINUANCE OF SERVICE EXEMPTION-IN WALSH AND PEMBINA COUNTIES, ND · decision 40310
6. 22 Jan 2010 EP 676
   DECISION DISCONTINUED THE PROCEEDING FOR TWO REASONS: (1) BECAUSE THE PROPOSED DISCLOSURE STATEMENT WOULD NOT ADEQUATELY CAUTION A POTENTIAL SHIPPER OF ITS RIGHTS UNDER THE STATUTE OR OF THE FULL LEGAL CONSEQUENCES OF AGREEING TO A RAIL TRANSPORTATION CONTRACT; AND (2) THERE HAS NOT BEEN SUPPORT FOR THE PROPOSED RULE FROM THE SHIPPERS, THE COMMUNITY THE RULE IS DESIGNED TO PROTECT.

   Entire Board · RAIL TRANSPORTATION CONTRACTS UNDER 49 U.S.C. 10709 · decision 40013
7. 21 Jan 2010 FD 35342
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) AGREED TO GRANT TEMPORARY NONEXCLUSIVE OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF LINES FROM TUKWILA, WA, TO RESERVATION, WA, A DISTANCE OF APPROXIMATELY 28.2 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 40529
8. 20 Jan 2010 AB 33 (Sub-No. 222X)
   DECISION GRANTED THE CITY OF CAMDEN'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JUNE 9, 2010.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN OUACHITA COUNTY, AR · decision 40513
9. 20 Jan 2010 AB 57 (Sub-No. 56X)
   DECISION DETERMINED THAT SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO FILE A NOTICE OF CONSUMMATION IS UNNECESSARY AND DOES NOT REQUIRE FURTHER ACTION BY THE BOARD.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN BOTTINEAU, ROLETTE, AND TOWNER COUNTIES, ND · decision 40477
10. 19 Jan 2010 EP 646
    DECISION DISCONTINUED THESE PROCEEDINGS.

    Director Of Proceedings · RAIL RATE CHALLENGES IN SMALL CASES · also entered in EP 657, EP 658, EP 671, EP 672, EP 677, EP 683, EP 688, EP 690, EP 431 (Sub-No. 3) · decision 40380