Week of 14 Mar 2011

Decisions served

1. 18 Mar 2011 FD 35465
   DECISION DENIED INTERNATIONAL PAPER COMPANY'S PETITION TO STAY THE EFFECTIVENESS OF AUTAUGA NORTHERN RAILROAD, L.L.C.'S EXEMPTION TO LEASE AND OPERATE RAIL LINES IN ALABAMA.

   Commissioner · AUTAUGA NORTHERN RAILROAD, L.L.C.--LEASE AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 41509
2. 18 Mar 2011 EP 290 (Sub-No. 5)
   DECISION APPROVED THE SECOND QUARTER 2011 RAIL COST ADJUSTMENT FACTOR (RCAF) (UNADJUSTED) OF 1.176, RCAF (ADJUSTED) OF 0.523, AND RCAF-5 OF 0.495.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 41487
3. 18 Mar 2011 FD 35475
   PROVIDED NOTICE THAT PORT OF IVORY, LLC FILED A VERIFIED NOTICE OF EXEMPTION TO OPERATE ABOUT 1,500 TRACK FEET OF EXISTING RAILROAD TRACKAGE INSIDE AN EXISTING INDUSTRIAL FACILITY IT OWNS IN TULARE COUNTY, CAL.

   Director Of Proceedings · PORT OF IVORY, LLC--OPERATION EXEMPTION--LINE OF RAILROAD IN TULARE COUNTY, CAL. · decision 41486
4. 18 Mar 2011 AB 295 (Sub-No. 7X)
   DECISION GRANTED THE INDIANA RAIL ROAD COMPANY'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD TO SEPTEMBER 17, 2011.

   Director Of Proceedings · THE INDIANA RAIL ROAD COMPANY-ABANDONMENT EXEMPTION-IN MARTIN AND LAWRENCE COUNTIES, IND. · decision 41475
5. 18 Mar 2011 AB 33 (Sub-No. 284X)
   DECISION GRANTED A REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATION PERIOD TO SEPTEMBER 21, 2011.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN KANE COUNTY, ILL. · decision 41473
6. 17 Mar 2011 AB 55 (Sub-No. 694X)
   DECISION GRANTED A REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL SEPTEMBER 2, 2011.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MCMINN COUNTY, TENN. · decision 41490
7. 17 Mar 2011 AB 55 (Sub-No. 675X)
   DECISION GRANTED A REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL SEPTEMBER 18, 2011.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN WARE COUNTY, GA. · decision 41484
8. 17 Mar 2011 AB 303 (Sub-No. 20X)
   DECISION GRANTED A REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATION PERIOD TO SEPTEMBER 15, 2011.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 41462
9. 16 Mar 2011 EP 670 (Sub-No. 1)
   PROVIDED NOTICE THAT THE RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE WILL HOLD A MEETING ON APRIL 6, 2011.

   Director Of Proceedings · NOTICE OF RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE MEETING · decision 41506
10. 16 Mar 2011 FD 35468
    DECISION GRANTED LONG ISLAND RAILROAD'S REQUEST TO EXTEND THE DEADLINE FOR FILING REPLIES TO PINELAWN CEMETERY'S PETITION.

    Director Of Proceedings · PINELAWN CEMETERY--PETITION FOR DECLARATORY ORDER · decision 41477
11. 16 Mar 2011 AB 1063
    DECISION GRANTED IN PART AND DENIED IN PART A PETITION FILED BY CERRO CORDO COUNTY, IOWA, WHICH SEEKS WAIVER OF CERTAIN BOARD REGULATIONS AND EXEMPTION FROM CERTAIN STATUTORY PROVISIONS IN CONNECTION WITH AN ADVERSE OR THIRD-PARTY APPLICATION IT PLANS TO FILE UNDER 49 U.S.C. § 10903.

    Entire Board · CERRO GORDO COUNTY, IOWA--ADVERSE DISCONTINUANCE--IOWA TRACTION RAILROAD COMPANY · decision 41083
12. 16 Mar 2011 NOR 42118
    DECISION DENIED A MOTION TO DISMISS FILED BY NORFOLK SOUTHERN RAILWAY COMPANY (NSR). THE COMPLAINT, WHICH WAS FILED BY BRAMPTON ENTERPRISES, LLC, D/BA SAVANNAH RE-LOAD, ALLEGES THAT NSR ENGAGED IN UNREASONALBE RULES AND PRACTICES, IN VIOLATION OF 49 U.S.C. § 10702(2). IN ADDITION, THIS DECISION DIRECTED THE PARTIES TO PROPOSE A PROCEDURAL SCHEDULE BY APRIL 4, 2011.

    Entire Board · BRAMPTON ENTERPRISES, LLC D/B/A SAVANNAH RE-LOAD V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 40719
13. 15 Mar 2011 NOR 42119
    DECISION EXTENDED THE DUE DATE BY WHICH THE PARTIES ARE TO FILE A REQUEST FOR MEDIATION OR A PROPOSED PROCEDURAL SCHEDULE AND HOLDS THIS PROCEEDING IN ABEYANCE UNTIL THEN.

    Director Of Proceedings · NORTH AMERICA FREIGHT CAR ASSOCIATION V. UNION PACIFIC RAILROAD COMPANY · decision 41501
14. 15 Mar 2011 FD 32187
    DECISION FOUND THAT A COAL-FIRED ELECTRIC UTILITY PLANT CO-OWNED BY ENTERGY ARKANSAS, INC., AND ENTERGY SERVICES, INC. (JOINTLY ENTERGY) AND ARKANSAS ELECTRIC COOPERATIVE CORPORATION HAS A STATUTORY RIGHT TO SERVICE BY BNSF RAILWAY COMPANY. IN ADDITION, THE DECISION FINDS THAT THE BNSF/MNA ROUTE PROPOSED BY ENTERGY IS NOT BETTER OR MORE EFFICIENT THAN THE EXISTING ROUTE.

    Entire Board · 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 41499
15. 15 Mar 2011 AB 511 (Sub-No. 5X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) GRANTED THE CITY OF KOKOMO'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL AUGUST 15, 2011.

    Director Of Proceedings · CENTRAL RAILROAD COMPANY OF INDIANAPOLIS--ABANDONMENT EXEMPTION--IN HOWARD COUNTY, IND. · decision 41443
16. 15 Mar 2011 FD 35407
    DECISION DENIES GNP RLY, INC.'S REQUEST TO HOLD THESE PROCEEDINGS IN ABEYANCE.

    Director Of Proceedings · GNP RLY, INC.--ACQUISITION AND OPERATION EXEMPTION--REDMOND SPUR AND WOODINVILLE SUBDIVISION · also entered in AB 6 (Sub-No. 463X), AB 6 (Sub-No. 465X) · decision 41437
17. 14 Mar 2011 NOR 42128
    DECISION GRANTED SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION'S MOTION TO ESTABLISH A PROCEDURAL SCHEDULE FOR THIS PROCEEDING.

    Entire Board · SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 41464