Week of 29 Mar 2010

Decisions served

1. 2 Apr 2010 NOR 42116
   DECISION GRANTED US MAGNESIUM, L.L.C.'S REQUEST TO DISMISS ITS COMPLAINT WITH PREJUDICE AND TO DISCONTINUE THIS PROCEEDING.

   Director Of Proceedings · US MAGNESIUM, L.L.C. V. UNION PACIFIC RAILROAD COMPANY · decision 40707
2. 2 Apr 2010 NOR 42115
   DECISION GRANTED US MAGNESIUM, L.L.C.'S REQUEST TO DISMISS ITS COMPLAINT WITH PREJUDICE AND TO DISCONTINUE THIS PROCEEDING.

   Director Of Proceedings · U.S. MAGNESIUM, L.L.C. V. UNION PACIFIC RAILROAD COMPANY · decision 40706
3. 2 Apr 2010 EP 693
   DECISION PROVIDED NOTICE OF AN ORAL ARGUMENT ON APRIL 27, 2010, THAT WILL ADDRESS STB DOCKET NO. MC-F-21035.

   Director Of Proceedings · ORAL ARGUMENT · decision 40691
4. 2 Apr 2010 EP 646 (Sub-No. 3)
   DECISION SOUGHT COMMENTS ON ITS PROPOSED RULES WITH RESPECT TO THE THREE-BENCHMARK METHODOLOGY USED TO ADJUDICATE RATE COMPLAINTS. THE PROPOSED RULE WOULD PROVIDE FOR THE RELEASE TO THE PARTIES OF THE UNMASKED WAYBILL SAMPLE DATA OF THE DEFENDANT CARRIER FOR THE 4 YEARS THAT CORRESPOND WITH THE MOST RECENTLY PUBLISHED REVENUE SHORTFALL ALLOCATION METHOD FIGURES. THE PARTIES WOULD THEN USE THE RELEASED WAYBILL SAMPLE DATA TO FORM THEIR COMPARISON GROUPS.

   Entire Board · WAYBILL DATA RELEASED IN THREE-BENCHMARK RAIL RATE PROCEEDINGS · decision 40409
5. 1 Apr 2010 FD 35356
   DECISION GRANTED ABC & D RECYCLING, INC.'S (ABC & D) REQUEST FOR WITHDRAWAL OF THE TOWN OF WARE'S PETITION TO REJECT AND/OR DISMISS THE NOTICE OF EXEMPTION IN THIS PROCEEDING.

   Director Of Proceedings · ABC & D RECYCLING, INC.–LEASE AND OPERATION EXEMPTION–A LINE OF RAILROAD IN WARE, MA · decision 40705
6. 1 Apr 2010 AB 6 (Sub-No. 471X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE TRACKAGE RIGHTS OVER APPROXIMATELY 2.04 MILES OF RAIL LINE OWNED BY THE ALAMEDA BELTLINE RAILROAD IN ALAMEDA COUNTY, CA.

   Director Of Proceedings · BNSF RAILWAY COMPANY-DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION-IN ALAMEDA COUNTY, CA · decision 40682
7. 31 Mar 2010 EP 290 (Sub-No. 5)
   DECISION APPROVED THE SECOND QUARTER 2010 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.060, RCAF (ADJUSTED) OF 0.477, AND RCAF-5 OF 0.452 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS (AAR). AS PART OF ITS MARCH 30, 2010 SUBMISSION, AAR ASKED THE BOARD TO 'CORRECT THE PRODUCTIVITY CALCULATION FOR THE PERIOD 2003-2007,' AND REQUESTS THAT THE BOARD RECALCULATE EARLIER RCAF (ADJUSTED) AND RCAF-5 VALUES THAT WERE DETERMINED WITH THE 2003-2007 PRODUCTIVITY ADJUSTMENT FACTOR. AAR'S ADDITIONAL REQUEST WILL BE CONSIDERED IN A SEPARATE PROCEEDING.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 40702
8. 30 Mar 2010 AB 290 (Sub-No. 314X)
   DECISION GRANTED LATROBE-UNITY PARKS & RECREATION COMMISSION'S AND THE LATROBE FOUNDATION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL OCTOBER 2, 2010, IN THIS PROCEEDING.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LATROBE, WESTMORELAND COUNTY, PA. · decision 40684
9. 30 Mar 2010 AB 55 (Sub-No. 613X)
   DECISION GRANTED THE REQUESTS BY THE CITY OF FULTONDALE, AL TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO SEPTEMBER 16, 2010, AND BY CSX TRANSPORTATION, INC. TO EXTEND THE TIME TO EXERCISE ITS ABANDONMENT AUTHORITY UNTIL NOVEMBER 15, 2010.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, ALA. · decision 40681
10. 30 Mar 2010 EP 558 (Sub-No. 13)
    DECISION INSTITUTED A PROCEEDING TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL FOR 2009 AND SEEKS COMMENTS ON: (1) THE RAILROADS' 2009 CURRENT COST OF DEBT CAPITAL; (2) THE RAILROADS' 2009 CURRENT COST OF PREFERRED EQUITY CAPITAL (IF ANY); (3) THE RAILROADS' 2009 COST OF COMMON EQUITY CAPITAL, (4) HOW THE CHANGE IN BNSF RAILWAY COMPANY'S SHARE PRICES FROM NOVEMBER 2009 THROUGH DECEMBER 2009, FOLLOWING THE ANNOUNCEMENT OF ITS ACQUISITION BY BERKSHIRE HATHAWAY INC., SHOULD BE CONSIDERED IN CALCULATING THE 2009 COST OF COMMON EQUITY CAPITAL; AND (5) THE 2009 CAPITAL STRUCTURE MIX OF THE RAILROAD INDUSTRY ON A MARKET VALUE BASIS.

    Entire Board · RAILROAD COST OF CAPITAL--2009 · decision 40675
11. 30 Mar 2010 AB 317 (Sub-No. 6X)
    PROVIDED NOTICE THAT INDIANA HARBOR BELT RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE ITS LOCAL AND OVERHEAD TRACKAGE RIGHTS OVER APPROXIMATELY 1.78 MILES OF ELGIN, JOLIET & EASTERN RAILWAY COMPANY'S LINE OF RAILROAD IN LAKE COUNTY, IN.

    Director Of Proceedings · INDIANA HARBOR BELT RAILROAD COMPANY--DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN LAKE COUNTY, IN · decision 40671
12. 30 Mar 2010 AB 1022 (Sub-No. 1X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JUNE 30, 2009 DECISION IN THIS PROCEEDING.

    Director Of Proceedings · ARIZONA & CALIFORNIA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SAN BERNARDINO AND RIVERSIDE COUNTIES, CAL. · decision 40664
13. 29 Mar 2010 FD 35314
    DECISION APPROVED, WITH CERTAIN CONDITIONS, MASSACHUSETTS COASTAL RAILROAD, LLC'S APPLICATION TO ACQUIRE A PERMANENT RAIL FREIGHT EASEMENT ON ABOUT 33 MILES OF RAIL LINES OWNED BY CSX TRANSPORTATION, INC., IN MASSACHUSETTS.

    Entire Board · MASSACHUSETTS COASTAL RAILROAD, LLC-ACQUISITION-CSX TRANSPORTATION, INC. · decision 40626