Week of 21 Nov 2011

Decisions served

1. 25 Nov 2011 NOR 42125
   DECISION HELD IN ABEYANCE A MOTION TO COMPEL DISCOVERY FILED IN THIS PROCEEDING.

   Director Of Proceedings · E.I. DUPONT DE NEMOURS AND COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 42049
2. 25 Nov 2011 AB 364 (Sub-No. 16X)
   DECISION GRANTED MICHIGAN DEPARTMENT OF NATURAL RESOURCES' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIODS IN THIS PROCEEDING TO MAY 3, 2012.

   Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN MUSKEGON COUNTY, MICH. · decision 42031
3. 25 Nov 2011 AB 303 (Sub-No. 31X)
   DECISION GRANTED THE COUNTY OF SAWYER, WISCONSIN'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING UNTIL MAY 26, 2012.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN SAWYER COUNTY, WIS. · decision 42023
4. 25 Nov 2011 AB 6 (Sub-No. 478X)
   DETERMINED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Director, Office Of Environmental Analysis · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CASS COUNTY, N.D. · decision 42005
5. 23 Nov 2011 FD 35559
   DECISION REJECTED SARATOGA'S NOTICE OF EXEMPTION AND ADVISED PARTY TO FILE A PETITION FOR AN INDIVIDUAL EXEMPTION OR A FULL APPLICATION.

   Director Of Proceedings · SARATOGA AND NORTH CREEK RAILWAY, LLC--OPERATION EXEMPTION--TAHAWUS LINE · decision 42039
6. 23 Nov 2011 AB 33 (Sub-No. 268X)
   DECISION GRANTED WISCONSIN DEPARTMENT OF TRANSPORTATION'S REQUEST TO EXTEND THE NEGOTIATION PERIOD FOR THE INTERIM TRAIL USE/RAIL BANKING AGREEMENT UNTIL MAY 28, 2012.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MILWAUKEE COUNTY, WIS. · decision 42037
7. 23 Nov 2011 AB 6 (Sub-No. 477X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED CONDITION NO. 4 IMPOSED IN THE SEPTEMBER 16, 2011 DECISION, FOLLOWING TWO NEW ENVIRONMENTAL CONDITIONS.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN LOS ANGELES COUNTY, CAL. · decision 42034
8. 22 Nov 2011 AB 33 (Sub-No. 289X)
   DECISION GRANTED THE REQUEST FILED BY UNION PACIFIC RAILROAD COMPANY TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO DECEMBER 31, 2011.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN PULASKI COUNTY, ARK. · decision 42032
9. 22 Nov 2011 AB 303 (Sub-No. 26X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) VACATED, WITH RESPECT TO A CERTAIN PORTION OF THE EXTENDING LINE TO ELLIS AVENUE, THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT SERVED ON JULY 1, 2004, IN THIS PROCEEDING.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN ASHLAND COUNTY, WIS. · decision 42022
10. 22 Nov 2011 FD 35517
    DECISION GRANTED A MOTION FILED BY THE AMERICAN CHEMISTRY COUNCIL, THE CHLORINE INSTITUTE, AND THE FERTILIZER INSTITUTE TO PROTECT THE CONFIDENTIALITY OF DOCUMENTS PRODUCED IN THIS PROCEEDING.

    Director Of Proceedings · CF INDUSTRIES, INC. v. INDIANA & OHIO RAILWAY, POINT COMFORT AND NORTHERN RAILWAY, AND THE MICHIGAN SHORE RAILROAD--PETITION FOR DECLARATORY ORDER · decision 42021
11. 22 Nov 2011 AB 6 (Sub-No. 478X)
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON 7.40 MILES OF RAIL LINE IN CASS COUNTY, N.D.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CASS COUNTY, N.D. · decision 41996
12. 22 Nov 2011 FD 35305
    DECISION DENIED A PETITION FILED BY WESTERN COAL TRAFFIC LEAGUE TO REOPEN THE PROCEEDING IN DOCKET NO. FD 35305 AND TO INSTITUTE MEDIATION REGARDING A NEW COAL DUST TARIFF ISSUED BY BNSF RAILWAY COMPANY. HOWEVER, THIS DECISON INSTITUTED A NEW PROCEEDING TO CONSIDER THE NEW TARIFF'S SAFE HARBOR PROVISON.

    Entire Board · ARKANSAS ELECTRIC COOPERATIVE CORPORATION--PETITION FOR DECLARATORY ORDER · also entered in FD 35557 · decision 41862
13. 22 Nov 2011 NOR 42113
    DECISION FOUND THAT ARIZONA ELECTRIC POWER COOPERATIVE, INC. (AEPCO) DOES NOT HAVE A FEASIBLE SHIPPING ALTERNATIVE FOR THE TRANSPORTATION AT ISSUE. IN ADDITION, THIS DECISION FOUND THAT THE CHALLENGED RATES BNSF RAILWAY COMPANY (BNSF) AND UNION PACIFIC RAILROAD COMPANY (UP) CHARGES AEPCO ARE UNREASONABLY HIGH. AS A RESULT, THIS DECISION PRESCRIBED MAXIMUM REASONABLE RATES FOR FUTURE AT-ISSUE SHIPMENTS AND ORDERS BNSF AND UP TO PAY REPARATIONS FOR PAST, EXCESSIVE CHARGES.

    Entire Board · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. BNSF RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 41181
14. 21 Nov 2011 NOR 42130
    DECISION ESTABLISHED A PROCEDURAL SCHEDULE FOR THIS PROCEEDING.

    Director Of Proceedings · SUNBELT CHLOR ALKALI PARTNERSHIP V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 42038
15. 21 Nov 2011 EP 670 (Sub-No. 2)
    PROVIDED NOTICE OF VACANCY ON FEDERAL ADVISORY COMMITTEE AND SOLICITATION OF NOMINATIONS.

    Director Of Proceedings · NOTICE OF RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE VACANCIES · decision 42009
16. 21 Nov 2011 AB 1076-X
    --

    Director, Office Of Environmental Analysis · CADDO VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CLARK, PIKE, AND MONTGOMERY COUNTIES, ARK. · decision 41986
17. 21 Nov 2011 FD 35095
    DECISION GRANTED AN EXEMPTION FOR ALASKA RAILROAD CORPORATION (AARC) TO CONSTRUCT AND OPERATE APPROXIMATELY 35 MILES OF NEW RAIL LINE CONNECTING THE PORT OF MACKENZIE DISTRICT IN SOUTH-CENTRAL ALASKA TO A POINT ON ARRC'S EXISTING MAIN LINE NEAR HOUSTON, ALASKA. THE EXEMPTION IS SUBJECT TO ENVIRONMENTAL MITIGATION CONDITIONS.

    Entire Board · ALASKA RAILROAD CORPORATION – CONSTRUCTION AND OPERATION EXEMPTION--A RAIL LINE EXTENSION TO PORT MACKENZIE, ALASKA · decision 41518