[Federal Register Volume 62, Number 224 (Thursday, November 20, 1997)]
[Notices]
[Pages 62107-62111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30543]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33388 (Sub-No. 35) et al.]
CSX Corporation and CSX Transportation, Inc., Norfolk Southern
Corporation and Norfolk Southern Railway Company--Control and Operating
Leases/Agreements-- Conrail Inc. and Consolidated Rail Corporation; et
al.
AGENCY: Surface Transportation Board.
ACTION: Decision No. 54; Notice of acceptance of responsive
applications and related filing.
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SUMMARY: The Board is accepting for consideration the responsive
applications filed: by New York State Electric and Gas Corporation
(NYSEG) in STB Finance Docket No. 33388 (Sub-No. 35); jointly by Elgin,
Joliet & Eastern Railway Company, Transtar, Inc., and I & M Rail Link,
LLC, in STB Finance Docket No. 33388 (Sub-No. 36); 1 by
Livonia, Avon & Lakeville Railroad Corporation (LAL) in STB Finance
Docket No. 33388 (Sub-No. 39); by Wisconsin Central Ltd. (WCL) in STB
Finance Docket No. 33388 (Sub-No. 59); by Bessemer and Lake Erie
Railroad Company (BLE) in STB Finance Docket No. 33388 (Sub-No. 61); by
Illinois Central Railroad Company (IC) in STB Finance Docket No. 33388
(Sub-No. 62); by R.J. Corman Railroad Company/Western Ohio Line (RJCW)
in STB Finance Docket No. 33388 (Sub-No. 63); jointly by (i) the State
of New York, acting by and through its Department of Transportation
(NYDOT), and (ii) the New York City Economic Development Corporation
(NYCEDC) in STB Finance Docket No. 33388 (Sub-No. 69); 2
jointly by the Belvidere & Delaware River Railway (BDRV) and the Black
River & Western Railroad (BRW) in STB Finance Docket No. 33388 (Sub-No.
72); by New England Central Railroad, Inc. (NECR), in STB Finance
Docket No. 33388 (Sub-No. 75); by Indiana Southern Railroad, Inc.
(ISRR), in STB Finance Docket No. 33388 (Sub-No. 76); by Indiana & Ohio
Railway Company (IORY) in STB Finance Docket No. 33388 (Sub-No. 77); by
Ann Arbor Acquisition Corporation, d/b/a Ann Arbor Railroad (AA), in
STB Finance Docket No. 33388 (Sub-No. 78); by Wheeling & Lake Erie
Railway Company (W&LE) in STB Finance Docket No. 33388 (Sub-No. 80);
and jointly by Canadian National Railway Company (CN) and Grand Trunk
Western Railroad Incorporated (GTW) in STB Finance Docket No. 33388
(Sub-No. 81). The Board is also accepting for consideration the notice
of exemption filed by GTW in STB Finance Docket No. 33388 (Sub-No. 83).
The responsive applications filed in STB Finance Docket No. 33388 (Sub-
Nos. 35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 80, and 81)
are responsive to the primary application filed June 23, 1997, in STB
Finance Docket No. 33388 by CSX Corporation (CSXC), CSX Transportation,
Inc. (CSXT), Norfolk Southern Corporation (NSC), Norfolk Southern
Railway Company (NSR), Conrail Inc. (CRR), and Consolidated Rail
Corporation (CRC).3 The notice of exemption filed in STB
Finance Docket No. 33388 (Sub-No. 83) is related to the responsive
application filed in STB Finance Docket No. 33388 (Sub-No.
81).4
\1\ Elgin, Joliet & Eastern Railway Company and Transtar, Inc.
are referred to collectively as EJE. I & M Rail Link, LLC is
referred to as IMRL.
\2\ The responsive application filed jointly by NYDOT and NYCEDC
purports to be filed both in STB Finance Docket No. 33388 (Sub-No.
69) (this being the sub-number docket reserved by NYDOT) and in STB
Finance Docket No. 33388 (Sub-No. 54) (this being the sub-number
docket reserved by NYCEDC). Although there are two responsive
applicants there is only one responsive application, and we will
treat this single application as if it had been filed in STB Finance
Docket No. 33388 (Sub-No. 69) only.
\3\ CSXC and CSXT, and their wholly owned subsidiaries, are
referred to collectively as CSX. NSC and NSR, and their wholly owned
subsidiaries, are referred to collectively as NS. CRR and CRC, and
their wholly owned subsidiaries, are referred to collectively as
Conrail or CR. CSX, NS, and Conrail are referred to collectively as
the primary applicants.
\4\ The responsive applications filed in STB Finance Docket No.
33388 (Sub-Nos. 35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78,
80, and 81) and the notice of exemption filed in STB Finance Docket
No. 33388 (Sub-No. 83) are hereinafter referred to collectively as
the ``responsive filings.''
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DATES: The effective date of this decision is November 20, 1997.
Comments regarding the responsive filings must be filed with the Board
by December 15, 1997. Rebuttal in support of these responsive filings
must be filed with the Board by January 14, 1998. Briefs (not to exceed
50 pages) must be
[[Page 62108]]
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filed with the Board by February 23, 1998.
ADDRESSES: An original and 25 copies of all comments referring to STB
Finance Docket No. 33388 (Sub-No. 35), STB Finance Docket No. 33388
(Sub-No. 36), STB Finance Docket No. 33388 (Sub-No. 39), STB Finance
Docket No. 33388 (Sub-No. 59), STB Finance Docket No. 33388 (Sub-No.
61), STB Finance Docket No. 33388 (Sub-No. 62), STB Finance Docket No.
33388 (Sub-No. 63), STB Finance Docket No. 33388 (Sub-No. 69), STB
Finance Docket No. 33388 (Sub-No. 72), STB Finance Docket No. 33388
(Sub-No. 75), STB Finance Docket No. 33388 (Sub-No. 76), STB Finance
Docket No. 33388 (Sub-No. 77), STB Finance Docket No. 33388 (Sub-No.
78), STB Finance Docket No. 33388 (Sub-No. 80), STB Finance Docket No.
33388 (Sub-No. 81), and/or STB Finance Docket No. 33388 (Sub-No. 83)
must be filed with the Surface Transportation Board, Office of the
Secretary, Case Control Unit, ATTN.: STB Finance Docket No. 33388, 1925
K Street, N.W., Washington, DC 20423-0001.5
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\5\ In order for a document to be considered a formal filing,
the Board must receive an original and 25 copies of the document,
which must show that it has been properly served on all other
parties of record. Documents transmitted by facsimile (FAX) will not
be considered formal filings and are not encouraged because they
will result in unnecessarily burdensome, duplicative processing in
what has already become a voluminous record.
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In addition to submitting an original and 25 paper copies of each
document filed with the Board, parties are also requested to submit one
electronic copy of each such document. Further details respecting such
electronic submissions are provided below.
In addition, one copy of each document filed in these proceedings
must be served on: the U.S. Secretary of Transportation; the U.S.
Attorney General; Administrative Law Judge Jacob Leventhal, Federal
Energy Regulatory Commission, 888 First Street, N.E., Suite 11F,
Washington, D.C. 20426; Dennis G. Lyons, Esq., Arnold & Porter, 555
12th Street, N.W., Washington, D.C. 20004-1202 (representing primary
applicants CSXC and CSXT); Richard A. Allen, Esq., Zuckert, Scoutt &
Rasenberger, LLP, Suite 600, 888 Seventeenth Street, N.W., Washington,
D.C. 20006-3939 (representing primary applicants NSC and NSR); and Paul
A. Cunningham, Esq., Harkins Cunningham, Suite 600, 1300 Nineteenth
Street, N.W., Washington, D.C. 20036 (representing primary applicants
CRR and CRC).
In addition, one copy of all comments filed in these proceedings
must be served on the appropriate responsive applicant's
representative: William A. Mullins, Esq., Troutman Sanders LLP, 1300 I
Street, N.W., Suite 500 East, Washington, D.C. 20005-3314 (representing
NYSEG); Thomas J. Litwiler, Esq., Oppenheimer Wolff & Donnelly, Two
Prudential Plaza, 45th Floor, 180 North Stetson Avenue, Chicago, IL
60601-6710 (representing EJE, IMRL, BLE, IC, and WCL); Kevin M. Sheys,
Esq., Oppenheimer Wolff & Donnelly, 1020 Nineteenth Street, N.W., Suite
400, Washington, D.C. 20036-6200 (representing LAL and RJCW); William
L. Slover, Esq., Slover & Loftus, 1224 Seventeenth Street, N.W.,
Washington, DC 20036-3003 (representing NYDOT); Charles A. Spitulnik,
Esq., Hopkins & Sutter, 888 Sixteenth Street, N.W., Washington, D.C.
20006 (representing NYCEDC); Peter A. Greene, Esq., Thompson Hine &
Flory LLP, 1920 N Street, N.W., Suite 800, Washington, D.C. 20036
(representing BDRV and BRW); Karl Morell, Esq., Ball Janik LLP, Suite
225, 1455 F Street, N.W., Washington, D.C. 20005 (representing NECR,
ISRR, IORY, and AA); Charles H. White, Jr., Esq., Galland, Kharasch &
Garfinkle, P.C., 1054 Thirty-First Street, N.W., Washington, D.C.
20007-4492 (representing W&LE); and L. John Osborn, Sonnenschein Nath &
Rosenthal, 1301 K Street, N.W., Suite 600 East, Washington, D.C. 20005
(representing CN and GTW).
In addition, one copy of all documents filed in these proceedings
must be served on all other persons designated parties of record on the
Board's service list in STB Finance Docket No. 33388. See the service
list attached to Decision No. 21 (served August 19, 1997), as modified
in Decision No. 27 (served September 8, 1997), and as further modified
in Decision No. 43 (served October 7, 1997).6
\6\ Members of the United States Congress and Governors are not
parties of record and therefore need not be served with copies of
filings, unless any such Member or Governor is designated as a party
of record. See Decision No. 12 (served July 23, 1997, and published
that day in the Federal Register at 62 FR 39577), slip op. at 19, 62
FR at 39588.
FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 565-1613. [TDD
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for the hearing impaired: (202) 565-1695.]
SUPPLEMENTARY INFORMATION: In the primary application filed with the
Board on June 23, 1997, primary applicants CSXC, CSXT, NSC, NSR, CRR,
and CRC seek approval and authorization under 49 U.S.C. 11321-25 for:
(1) The acquisition by CSX and NS of control of Conrail; and (2) the
division of the assets of Conrail by and between CSX and NS. In various
related filings also filed June 23, 1997, the primary applicants seek
related relief contingent upon approval of the primary application. In
Decision No. 12, the Board accepted for consideration the primary
application and the various related filings, and directed that
responsive applications be filed by October 21, 1997.
Responsive Filings: Conditions Requested.
In STB Finance Docket No. 33388 (Sub-No. 35), NYSEG seeks: (1) on
behalf of NSR,7 or a third-party carrier suitable to NYSEG,
trackage rights over the CRC lines between Buffalo, NY, and NYSEG's
Kintigh Station; specifically, from the Niagara Branch MP 19.0 (CP-21)
8 to the Tuscarora Wye, for approximately 4,200 feet, to
Lockport Branch MP 69.6 (CP-69) to the connection with Somerset
Railroad Corporation at Lockport Branch MP 58.8 (CP-59) (a total
distance of approximately 11.2 miles);9 or (2) on behalf of
CSXT, or a third-party carrier suitable to NYSEG, trackage rights over
the CRC lines between Buffalo, NY, and NYSEG's Milliken, Goudey, and
Greenidge plants; specifically, from Chicago Line MP 1.7 (CP-DRAW) over
the Bison Running Track to Southern Tier Line MP 419.8 to Binghamton MP
215.3 including Binghamton Running Track and #4 Yard Track with
connections to: Vestal Industrial Track; on Vestal Industrial Track
from MP 192.3 to MP 195.4; and connections to Lehigh Secondary at
Southern Tier MP 255.2, Lehigh Secondary Track MP 269.5 to 271.6 and
connection to Ithaca Secondary; Ithaca Secondary from MP 271.6 to the
end of line at Milliken Station MP 321.0; connections to Corning
Secondary at Southern Tier Line MP 290.1 and 290.8, Corning
[[Page 62109]]
Secondary from MP 70.6 (CP-Glass) and MP 70.9 (GP-Gibson/CP-Corning) to
MP 0 (CP-335), including sidings, runarounds, and passing tracks (a
total distance of approximately 333.4 miles).
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\7\ If exercised by NSR, modification of NSR's trackage rights
over CSXT and New York Central Lines LLC (NYC), as shown on pp. 220-
52 and 329-35 of Volume 8B of the primary application, would also be
required to eliminate any restrictions contained therein that would
prevent transportation to NYSEG's Kintigh Station, including, but
not confined to, limitations against interchanging with, or
operating over, property of Somerset Railroad Corporation.
\8\ Milepost is abbreviated MP. Control point is abbreviated CP.
\9\ If exercised by a third-party carrier, these rights would
include full access over: The Chicago Line between CP-2 and FW Tower
(CP-437) and the Belt Line Branch owned by NYC and operated by CSX
between the connection at FW Tower (CP-437), Buffalo, NY, at or near
MP 0.0, and the connection with the Niagara Branch (CP-1) at or near
MP 7.2, and the Niagara Branch operated by CSX between the
connection with the Belt Line Branch, at or near MP 7.5, ``and to''
Tuscarora Wye to CP-69 at MP 69.6 of the Lockport Branch to MP 58.8
(CP-59) and connection track to MP 0.0 of the Somerset Railroad
Corporation. This would cover a total distance of approximately 33.2
miles.
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In STB Finance Docket No. 33388 (Sub-No. 36), EJE and IMRL seek to
acquire, and thereafter to divide into two equal parts, CRC's 51% stock
ownership of the Indiana Harbor Belt Railroad Company (IHB).
In STB Finance Docket No. 33388 (Sub-No. 39), LAL seeks to acquire
ownership of or trackage rights on approximately 1.0 route mile of
trackage constituting CRC's Genesee Junction yard in Chili, NY.
In STB Finance Docket No. 33388 (Sub-No. 59), WCL seeks to acquire
from The Baltimore & Ohio Chicago Terminal Railroad Company (B&OCT, a
wholly owned CSX subsidiary) a portion of B&OCT's Altenheim
Subdivision, including rail line, side track, yard trackage, and
associated right-of-way and appurtenances, beginning at a connection
between WCL and B&OCT trackage at B&OCT MP 37.4 at Madison Street,
Forest Park, IL, and extending to a point of connection with Union
Pacific Railroad Company (UPRR) and Conrail's Panhandle Line in the
vicinity of Rockwell Street, Chicago, IL.
In STB Finance Docket No. 33388 (Sub-No. 61), BLE seeks overhead
trackage rights over: (1) CRC's Mon Line between the connection with
BLE (Union Railroad Company, a BLE affiliate) at Pittsburgh (Duquesne),
PA, and CRC's Shire Oaks Yard in Shire Oaks, PA (a distance of
approximately 14 miles); and/or (2) CSXT's line (formerly the
Pittsburgh & Lake Erie Railroad Company) between the connection with
BLE (Union Railroad Company) at Bessemer (Pittsburgh), PA, and CSXT's
Newell Interchange Yard near Brownsville, PA (a distance of
approximately 40 miles). The overhead trackage rights sought by BLE
would be restricted to the transportation of coal originating at
current or future mines on the former Monongahela Railway Company lines
and destined to the P&C Dock at Conneaut, OH, for movement beyond.
In STB Finance Docket No. 33388 (Sub-No. 62), IC seeks to acquire
CSXT's Leewood-Aulon Line in Memphis, TN, which extends between CSXT MP
F-371.4 (IC MP 387.9) at Leewood and CSXT MP F-373.4 (IC MP 390.0) at
Aulon, a distance of approximately 2 miles.
In STB Finance Docket No. 33388 (Sub-No. 63), RJCW seeks to acquire
ownership of or trackage rights on Conrail's line of railroad between
approximately MP 54.4 and approximately MP 52.1 in Lima, OH.
In STB Finance Docket No. 33388 (Sub-No. 69), NYDOT and NYCEDC
seek: (1) Full service trackage rights in favor of a rail carrier other
than Conrail or CSX, to be designated jointly by NYDOT and NYCEDC, over
the lines of Conrail between points of connection with the Delaware &
Hudson Railway (D&H) at CP-160 near Schenectady, NY, and Selkirk Yard
near Selkirk, NY, on the one hand, and, on the other, CP-75 near
Poughkeepsie, NY, together with sufficient rights on tracks within
Selkirk Yard to permit the efficient interchange of freight with D&H;
(2) full service trackage rights in favor of a rail carrier other than
Conrail or CSX, to be designated jointly by NYDOT and NYCEDC, over the
lines of Conrail between the point of Conrail ownership at Mott Haven
Junction (``MO''), NY, and the point of connection with the lines of
the Long Island Railroad near Fresh Pond (``MONT''), NY, via the Harlem
River Yard; and (3) to the extent necessary to permit uninterrupted
rail freight transportation between CP-160 and/or Selkirk Yard, on the
one hand, and, on the other, Fresh Pond, a declaration that, pursuant
to 49 U.S.C. 11321(a), Metro-North Commuter Railroad Company, a
subsidiary of the Metropolitan Transportation Authority of the State of
New York, may grant unrestricted trackage rights over the lines between
CP-75 and Mott Haven Junction to a rail carrier other than Conrail or
CSX, notwithstanding any provisions of any agreements which purport to
limit or prohibit such a grant.
In STB Finance Docket No. 33388 (Sub-No. 72), BDRV and BRW seek:
(1) Removal of the restriction on certain D&H trackage rights that
prevents interchange between D&H and BDRV at Phillipsburg, NJ, and
between D&H and BRW at Three Bridges, NJ; (2) a grant of overhead
trackage rights to BDRV over lines to be acquired by NS from
Phillipsburg, NJ, to Manville, NJ (a distance of 40 miles), or to some
other operationally feasible point at which BDRV and CSXT can
interchange traffic; (3) a grant of overhead trackage rights to BRW
over lines to be acquired by NS from Three Bridges, NJ, to Manville, NJ
(a distance of 13 miles), or to some other operationally feasible point
at which BRW and CSXT can interchange traffic; and (4) a grant of
overhead trackage rights to BDRV and BRW over lines to be acquired by
NS between the BDRV-NS connection at Phillipsburg, NJ, and the BRW-NS
connection at Three Bridges, NJ (a distance of 29 miles).
In STB Finance Docket No. 33388 (Sub-No. 75), NECR seeks ``limited
trackage rights'': (1) Between Palmer, MA, and West Springfield, MA, a
distance of 18 miles, over the CRC line to be acquired by CSXT; (2)
between West Springfield, MA, on the one hand, and, on the other,
Albany, Selkirk, and Mechanicville, NY, a distance of 98 miles, over
the CRC line to be acquired by CSXT; and (3) between Albany, NY, and
the New Jersey/New York Shared Assets Area,\10\ a distance of 140
miles, over the CRC line located on the west side of the Hudson River
that is to be acquired by CSXT.\11\
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\10\ The ``New Jersey/New York Shared Assets Area'' is
apparently the area that applicants refer to as the North Jersey
Shared Assets Area.
\11\ NECR's use of the term ``limited trackage rights'' is
intended to include: (a) The right to operate trains over the lines
described in the text; and (b) the right to interchange with all
carriers, including shortlines, at all junctions on the lines thus
described.
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In STB Finance Docket No. 33388 (Sub-No. 76), ISRR seeks: (1)
Overhead trackage rights in Indianapolis, IN, between MP 6.0 on ISRR's
Petersburg Subdivision and Indianapolis Power & Light's Perry K
facility, over the CRC line to be acquired by CSXT; (2) overhead
trackage rights in Indianapolis, IN, between MP 6.0 on ISRR's
Petersburg Subdivision and Indianapolis Power & Light's Stout facility
located on the line of the Indiana Rail Road Company (INRD), over a
segment of the CRC line to be acquired by CSXT and a segment of the
INRD line; (3) local trackage rights over CRC's lines in Indianapolis,
IN, including the Indianapolis Belt Line, to be acquired by CSXT (ISRR
seeks trackage rights over all CRC lines in Indianapolis needed to
access the 2-to-1 shippers located in Indianapolis); (4) local trackage
rights between Indianapolis and Shelbyville, IN, a distance of 27
miles, over the CRC line to be acquired by CSXT; (5) local trackage
rights between Indianapolis and Crawfordsville, IN, a distance of 44
miles, over the CRC line to be acquired by CSXT; and (6) local trackage
rights between Indianapolis and Muncie, IN, a distance of 55 miles,
over the CRC line to be acquired by CSXT.\12\
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\12\ ISRR's use of the term ``local trackage rights'' is
intended to include: (a) The right to operate trains over the lines
described in the text; (b) the right to interchange with all
carriers, including shortlines, at all junctions on the lines thus
described; and (c) the right to serve all shippers, sidings, and
team tracks located on the lines thus described.
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In STB Finance Docket No. 33388 (Sub-No. 77), IORY seeks: (1)
Overhead trackage rights over CSXT between East Norwood, OH, and
Washington Court House, OH, a distance of 65 miles, with the right to
connect at Midland City with IORY's Greenfield branch; (2) local
[[Page 62110]]
trackage rights between Monroe, OH, and Middletown, OH, a distance of 5
miles, over the CRC line to be acquired by NSR (with the right to
connect at Middletown with CSXT and IORY's existing trackage rights
through Middletown over the CRC line between Springfield and
Cincinnati); (3) local trackage rights between Sidney, OH, and Quincy,
OH, a distance of 10 miles, over the CRC line to be acquired by CSXT;
(4) local trackage rights between Sharronville, OH, and Columbus, OH, a
distance of 125 miles, over the CRC line to be acquired by NSR; (5)
local trackage rights between Quincy, OH, and Marion, OH, a distance of
52 miles, over the CRC line to be acquired by CSXT; (6) local trackage
rights between Lima, OH, and Fort Wayne, IN, a distance of 59 miles,
over the CRC line to be acquired by CSXT; (7) local trackage rights
over CRC's Erie track in Lima, OH; and (8) local trackage rights
between Quincy, OH, and Marysville, OH, over the CRC line to be
acquired by CSXT.\13\
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\13\ IORY's use of the term ``local trackage rights'' is
intended to include: (a) The right to operate trains over the lines
described in the text; (b) the right to interchange with all
carriers, including shortlines, at all junctions on the lines thus
described; and (c) the right to serve all shippers, sidings, and
team tracks located on the lines thus described.
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In STB Finance Docket No. 33388 (Sub-No. 78), AA seeks: (1)
``Limited trackage rights'' between Toledo, OH, and Chicago, IL, via
Elkhart, IN, a distance of 230 miles, over the CRC line to be acquired
by NS; and (2) a condition permitting AA to interchange traffic with CP
Rail System at Ann Arbor, MI.\14\
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\14\ AA's use of the term ``limited trackage rights'' is
intended to include: (a) The right to operate trains over the line
described in the text; and (b) the right to interchange with all
carriers, including shortlines, at all junctions on the line thus
described.
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In STB Finance Docket No. 33388 (Sub-No. 80), W&LE seeks: (1)
Haulage and trackage rights to Chicago, IL, including access to Belt
Railway of Chicago and rights for interchange with all carriers,
specifically including WCL; \15\ (2) haulage and trackage rights from
Bellevue, OH, to Toledo, OH, a distance of 54 miles, for an interchange
with the Ann Arbor Railroad, Canadian National, and the Indiana & Ohio
Railroad (also including access to British Petroleum for movement of
coke to Cressup, WV); (3) haulage and trackage rights to Erie, PA, with
the right to interchange with other railroads; (4) the right ``to lease
to own'' CRC's Randall Secondary from Cleveland, MP 2.5, to Mantua, MP
27.5; (5) the right ``to lease to own'' the Huron Branch (Shinrock to
Huron) and Huron dock on Lake Erie; (6) haulage and trackage rights on
CSX from Benwood to Brooklyn Junction and its yard facilities for
commercial access to PPG and Bayer; (7) access on the Conrail Fort
Wayne Line to the National Stone quarry near Bucyrus, via the Spore
Industrial Track, a distance of 6.2 miles from CP Colsan, MP 200.5, on
the Fort Wayne Line (access to the Fort Wayne line would be from the
W&LE at CP Orr, MP 124, and from a point near Fairhope at MP 97.8); (8)
trackage rights on the NS Sandusky District from Chatfield, OH, to
Colsan, OH (for a junction with the Conrail Fort Wayne Line and access
to the Spore Industrial Track); (9) access (apparently via trackage
rights) to a stone quarry located on the Northern Ohio Railway at Maple
Grove, via a junction on the NS Fostoria District at MP 269.4; (10)
access (apparently via trackage rights over, among other lines, the
former Conrail Akron Secondary) to the stone terminals in the
Macedonia, Twinsburg, and Ravenna areas; (11) access, via haulage and
trackage rights, to Wheeling Pittsburgh Steel at Allenport, PA; and
(12) access, via haulage and trackage rights on the CSX New Castle
Subdivision, to the Ohio Edison Power plant at Niles, OH, and to Erie,
PA, for interchange to the Buffalo & Pittsburgh. W&LE also requests
that provision be made for an inclusion proceeding in the event that
W&LE fails during a post-merger oversight period.\16\
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\15\ These rights would apparently run between Chicago, on the
west, and Carey and/or Bellevue, OH, on the east.
\16\ Various additional W&LE condition requests are scattered
throughout the verified statements submitted by W&LE witnesses in
the WLE-4 pleading filed October 21, 1997.
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In STB Finance Docket No. 33388 (Sub-No. 81), CN and GTW seek
trackage rights over the Conrail northbound mainline between
approximately MP 16.5 and MP 18.0 at Trenton, MI, a distance of
approximately 1.5 miles, for the purpose of serving Detroit Edison's
Trenton Channel power plant.
In STB Finance Docket No. 33388 (Sub-No. 83), GTW has filed a
notice of exemption under 49 CFR 1150.36 to construct and operate, at
Trenton, MI, a connection between the Conrail northbound mainline and
the GTW Shoreline Subdivision.
Responsive Filings Accepted
Because the responsive applications filed by NYSEG, EJE/IMRL, LAL,
WCL, BLE, IC, RJCW, NYDOT/NYCEDC, BDRV/BRW, NECR, ISRR, IORY, AA, W&LE,
and CN/GTW, and also the notice of exemption filed by GTW, are in
substantial compliance with the applicable regulations, we are
accepting for consideration such responsive applications and such
notice of exemption.\17\
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\17\ We reserve the right to require the filing of supplemental
information from any responsive applicant or any other party or
individual, if necessary to complete the record in this matter. See
Decision No. 12, slip op. at 18 n.29, 62 FR at 39587 n.29.
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Public Inspection
The responsive filings are available for inspection in the Docket
File Reading Room (Room 755) at the offices of the Surface
Transportation Board, 1925 K Street, N.W., in Washington, DC. The
responsive filing made by any particular responsive applicant may also
be obtained upon request from that applicant's representative named
above.
Proceedings Consolidated
The responsive filings in STB Finance Docket No. 33388 (Sub-Nos.
35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 80, 81, and 83) are
consolidated for disposition with the primary application in STB
Finance Docket No. 33388 (and all embraced proceedings).
Comments May Be Submitted
Interested persons may participate formally by submitting written
comments regarding any or all of these responsive filings, subject to
the filing and service requirements specified above. Such comments
(referred to as ``Response[s]'' in the procedural schedule, see
Decision No. 12, slip op. at 26, 62 FR at 39591) must be filed with the
Board by December 15, 1997. Comments must include the following: the
commenter's position in support of or in opposition to the transaction
proposed in the responsive filing; any and all evidence, including
verified statements, in support of or in opposition to such proposed
transaction; and specific reasons why approval of such proposed
transaction would or would not be in the public interest.
Requests for Affirmative Relief Will Not Be Accepted
Because the responsive applications accepted for consideration in
this decision contain proposed conditions to approval of the primary
application in STB Finance Docket No. 33388, the Board will entertain
no requests for affirmative relief with respect to these responsive
applications. Parties may only participate in direct support of or in
direct opposition to these responsive applications as filed.
[[Page 62111]]
Pleadings Not Treated as Responsive Applications
A pleading styled as a ``responsive application'' was filed on
October 21, 1997, in a sub-number docket (Sub-No. 74) under the STB
Finance Docket No. 33388 lead docket by Congressman Dennis J. Kucinich.
While titled as a responsive application, this pleading does not
address the criteria for such applications as required under 49 CFR
part 1180. Rather, this pleading constitutes a comment on, and a
request for conditions with respect to, the CSX/NS/CR primary
application, and we will treat it as such and will docket this pleading
in the STB Finance Docket No. 33388 lead docket.
Certain additional pleadings styled as ``responsive applications''
were filed in the STB Finance Docket No. 33388 lead docket on or about
October 21, 1997, by: Jacobs Industries Ltd.; the State of Delaware
Department of Transportation; ASHTA Chemicals Inc.; Southern Tier West
Regional Planning and Development Board; and Resources Warehousing &
Consolidation Services, Inc. Because these pleadings also do not
satisfy the 49 CFR part 1180 requirements applicable to responsive
applications, we will treat these pleadings as comments on, and/or
requests for conditions with respect to, the CSX/NS/CR primary
application.
Additional Pleadings Treated as Filed in Lead Docket
Certain additional pleadings filed on or about October 21, 1997,
though not labeled ``responsive applications,'' were filed in various
sub-number dockets under the STB Finance Docket No. 33388 lead docket
by: Northern Virginia Transportation Commission and Potomac and
Rappahannock Transportation Commission (in Sub-No. 37); New Jersey
Department of Transportation and New Jersey Transit Corporation (in
Sub-No. 38); the Rhode Island Department of Transportation (in Sub-No.
42); Buffalo & Pittsburgh Railroad, Inc., Allegheny & Eastern Railroad,
Inc., Rochester & Southern Railroad, Inc., and Pittsburgh & Shawmut
Railroad, Inc. (in Sub-Nos. 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, and
56); the Eastern Shore Railroad, Inc. (in Sub-No. 57); Louisville &
Indiana Railroad Company (in Sub-No. 64); Housatonic Railroad Company,
Inc. (in Sub-No. 70); the Canadian Pacific Railway Company, Delaware
and Hudson Railway Company, Inc., Soo Line Railroad Company, and St.
Lawrence & Hudson Railway Company Limited (in Sub-No. 85); and the
Commonwealth of Massachusetts (in Sub-No. 86). Because these pleadings
contain comments on, and/or requests for conditions with respect to,
the CSX/NS/CR primary application, they will be docketed in, and they
will be treated as having been filed in, the STB Finance Docket No.
33388 lead docket.
Electronic Submissions
In addition to submitting an original and 25 paper copies of each
document filed with the Board, parties are also requested to submit, on
diskettes (3.5-inch IBM-compatible floppies) or compact discs, one
electronic copy of each such document. Textual materials must be in, or
be convertible by and into, WordPerfect 7.0. Spreadsheets must be in,
or be convertible by and into, Lotus 1-2-3 Version 7.\18\ Each diskette
or compact disc should be clearly labeled with the identification
acronym and number of the corresponding paper document, see 49 CFR
1180.4(a)(2), and a copy of such diskette or compact disc should be
provided to any other party upon request. The data contained on the
diskettes and compact discs submitted to the Board will be subject to
the protective order applicable to this proceeding,\19\ and will be for
the exclusive use of Board employees reviewing substantive and/or
procedural matters in this proceeding. The flexibility provided by such
computer data will facilitate timely review by the Board and its
staff.\20\
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\18\ Parties intending to submit spreadsheets in formats other
than Lotus 1-2-3 Version 7 may wish to consult with our staff
regarding such submissions. Some (though not all) spreadsheets
prepared in other formats, though perhaps not convertible by and
into Lotus 1-2-3 Version 7, may nevertheless be useable by our
staff. For further information, contact Julia M. Farr, (202) 565-
1613.
\19\ The protective order governing this proceeding was entered
in Decision No. 1 (served April 16, 1997), and has been modified, in
minor respects, in Decision Nos. 4, 15, 22, and 46 (served May 2,
1997, August 1, 1997, August 21, 1997, and October 17, 1997,
respectively).
\20\ The electronic submission requirements set forth in this
decision supersede, for the purposes of this proceeding, the
otherwise applicable electronic submission requirements set forth in
our regulations. See 49 CFR 1104.3(a), as amended in Expedited
Procedures for Processing Rail Rate Reasonableness, Exemption and
Revocation Proceedings, STB Ex Parte No. 527, 61 FR 52710, 52711
(Oct. 8, 1996), 61 FR 58490, 58491 (Nov. 15, 1996).
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This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
It is ordered:
1. The responsive applications in STB Finance Docket No. 33388
(Sub-Nos. 35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 80, and
81), and the notice of exemption in STB Finance Docket No. 33388 (Sub-
No. 83), are accepted for consideration, and are consolidated for
disposition with the primary application in STB Finance Docket No.
33388 (and all embraced proceedings).
2. The parties shall comply with all provisions as stated above.
3. This decision is effective on November 20, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Decided: November 12, 1997.
Vernon A. Williams,
Secretary.
[FR Doc. 97-30543 Filed 11-19-97; 8:45 am]
BILLING CODE 4915-00-P
