[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27781-27782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12886]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32549 (Sub-No. 13)]
Houston Lighting and Power Company; Trackage Rights Over Lines of
The Atchison, Topeka and Santa Fe Railway Company in Texas
AGENCY: Interstate Commerce Commission.
ACTION: Decision No. 22; Notice of acceptance of responsive application
filed by Houston Lighting and Power Company.
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SUMMARY: The Commission is accepting for consideration the application
filed by Houston Lighting and Power Company (HL&P) for trackage rights
over lines of The Atchison, Topeka and Santa Fe Railway Company (Santa
Fe) between Rosenberg, TX, and Smithers Lake, TX, and/or between Sealy,
TX, and Smithers Lake, TX. This application is responsive to the
primary application filed by Burlington Northern Railroad Company (BN)
and its corporate parent, Burlington Northern Inc. (BNI), and Santa Fe
and its corporate parent, Santa Fe Pacific Corporation (SFP), by which
primary applicants BNI, BN, SFP, and Santa Fe seek approval for BNI's
acquisition of, control of, and merger with SFP, the resulting common
control of BN and Santa Fe by the merged company, the consolidation of
BN and Santa Fe railroad operations, and the merger of BN and Santa Fe.
DATES: The effective date of this decision is May 25, 1995. Comments
regarding the HL&P responsive application must be filed with the
Commission by June 9, 1995. Rebuttal in support of the HL&P responsive
application must be filed by June 19, 1995. Briefs (not to exceed 50
pages) must be filed by June 29, 1995.
ADDRESSES: An original and 20 copies of all documents must refer to
Finance Docket No. 32549 (Sub-No. 13) and be sent to the Office of the
Secretary, Case Control Branch, Attn: Finance Docket No. 32549 (Sub-No.
13), Interstate Commerce Commission, 1201 Constitution Avenue, NW.,
Washington, DC 20423. Parties are encouraged also to submit all
pleadings and attachments on a 3.5-inch diskette in WordPerfect 5.1
format.
In addition, one copy of all documents in this proceeding must be
served, by first class mail, on: The Secretary of the Department of
Transportation; the Attorney General of the United States;
Administrative Law Judge Jacob Leventhal, Federal Energy Regulatory
Commission, Office of Hearings, 825 North Capitol Street, NE.,
Washington, DC 20426; Betty Jo Christian, Esq., Steptoe & Johnson, 1330
Connecticut Avenue, NW., Washington, DC 20036-1795 (representing
primary applicants BNI and BN); Erika Z. Jones, Esq., Mayer, Brown &
Platt, 2000 Pennsylvania Avenue, NW., Suite 6500, Washington, DC 20006
(representing primary applicants SFP and Santa Fe); and C. Michael
Loftus, Esq., Slover & Loftus, 1224 Seventeenth Street, NW.,
Washington, DC 20036 (representing responsive applicant HL&P).
Furthermore, one copy of all documents in this proceeding must be
served, by first class mail, on all persons designated parties of
record [POR] on the Commission's service list, served on May 19, 1995.
FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 927-5352. [TDD for
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: By this responsive application, HL&P seeks
trackage rights over certain lines of Santa Fe between Rosenberg, TX,
and Smithers Lake, TX, and/or between Sealy, TX, and Smithers Lake, TX.
Specifically, HL&P seeks overhead trackage rights on behalf of a rail
carrier(s) unaffiliated with the primary applicants over a 47.2-mile
Santa Fe line for the movement of coal trains between milepost 94.6, at
Sealy, TX, and Smithers Lake, TX, where HL&P's coal-fired electric
generating facility known as the W.A. Parish Electric Generating
Station (Parish Station) is located. HL&P also seeks, instead of or in
addition to its first request, overhead trackage rights on behalf of a
rail carrier(s) unaffiliated with the primary applicants over an 18.8-
mile Santa Fe line for the movement of coal trains between milepost
66.2, at Rosenberg, TX, and Smithers Lake, TX, where the Parish Station
is located. HL&P asserts that the requested trackage rights would serve
to maintain existing rail competition that would be eliminated if the
Commission approves the proposed BN/Santa Fe merger.
HL&P's responsive application substantially complies with the
applicable regulations,1 and it has therefore been accepted for
consideration by the Commission.
\1\ HL&P states that it recognizes that, because it is not an
``applicant carrier'' as defined by 49 CFR 1180.3(b), applicant
carriers who may receive such requested trackage rights as a result
of this responsive application will necessarily have to resolve
carrier-specific, trackage rights issues in a ``follow-up
proceeding.'' (HLP-12, at 3-4.)
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The responsive application and exhibits are available for
inspection in the Public Docket Room at the offices of the Commission
in Washington, DC. In addition, they may be obtained upon request from
HL&P's representative named above. [[Page 27782]]
This responsive application is consolidated for disposition with
the Finance Docket No. 32549 primary application (and all embraced
proceedings). Service of an initial decision will be waived, and
determination of the merits of the responsive application will be made
in the first instance by the entire Commission. 49 U.S.C. 11345(f).
Interested persons may participate formally by submitting written
comments regarding the responsive application, subject to the filing
and service requirements specified above. Such comments (referred to as
``responses'' in the procedural schedule) should indicate the exact
proceeding designation and should be filed with the Commission by June
9, 1995. Comments shall include the following: The commenter's position
in support of or in opposition to the proposed transaction; any and all
evidence, including verified statements, in support of or in opposition
to the proposed transaction; and specific reasons why approval would or
would not be in the public interest. Interested persons who do not
intend to participate formally in the proceeding but who desire to
comment may also file statements, also subject to the filing and
service requirements specified above. Persons must state specifically
whether they intend to participate actively in the proceeding or
whether they wish only to be advised of all decisions issued by the
Commission. Failure to state an intention to participate as an active
party will result in the person being placed in the latter category.
Because HL&P's responsive application contains proposed conditions
to approval of the primary application in Finance Docket No. 32549, the
Commission will entertain no requests for affirmative relief to this
proposal. Parties may only participate in direct support of or direct
opposition to HL&P's responsive application as filed.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: May 17, 1995.
By the Commission, Chairman Morgan, Vice Chairman Owen, and
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.
[FR Doc. 95-12886 Filed 5-24-95; 8:45 am]
BILLING CODE 7035-01-P
