30035

EB

Oral argument in this proceeding has been set for Thursday, March 18, 1999, at 10:00 a.m., in the Surface Transportation Board Hearing Room (Room 760) at 1925 K Street, N.W., in Washington, D.C.⁽¹⁾ In Decision No. 30 served January 28, 1999, we required parties wishing to participate in the oral argument to notify the Secretary of the Board by February 9, 1999. We received 17 requests⁽²⁾ from parties of record asking to participate in the oral argument. Some of the requests were joint requests asking that their time allocations be shared collectively.⁽³⁾

Oral Argument Procedures.

The schedule of appearances and the time provided for each party appear in the Appendix to this decision. To accommodate the parties' request to participate, we have expanded the oral argument schedule by 30 minutes. While in most cases, the times provided for argument have been reduced from the allotments requested, the time we are adding to the overall schedule will assure that there will be adequate time for parties to address pertinent issues. The time allocations for the oral argument total 150 minutes, of which 55 minutes are being allocated to the primary applicants, and 95 minutes are being allocated to other parties. Because the purpose of oral argument is not to restate the written arguments previously made, but rather, as noted in Decision No. 30, to summarize and emphasize the key points of each party's case and to provide an opportunity for questions from Members of the Board, we believe that the time allocations set forth in the Appendix are sufficient for these purposes.

Participants planning to use visual aids, such as maps, are advised to inform the Office of the Secretary at (202) 565-1650, no later than close of business Friday, March 12, 1999. Participants are limited to projector-adaptable visual displays or handouts. The Board will provide space for handouts participants wish to bring to the oral argument for dissemination to the public. The Board staff will be available in the Board's Hearing Room--Suite 760, from 2:00 p.m. to 4:00 p.m. on Tuesday, March 16, 1999, to demonstrate the Board's projection system. Please call (202) 565-1650 to make arrangements.

This action will not affect either the quality of the human environment or the conservation of energy resources.

It is ordered:

1. Time for oral argument is allotted as reflected in the Appendix to the decision.

2. This decision is effective on the date of service.

By the Board, Chairman Morgan and Vice Chairman Clyburn.

Vernon A. Williams

Secretary

TIME

ALLOTTED

PRIMARY APPLICANTS

Canadian National Railway Company, 55 minutes

Grand Trunk Corporation, Grand Trunk

Western Railroad Incorporated, Illinois

Central Corporation, Illinois Central Railroad

Company, Chicago, Central and Pacific Railroad

Company, and Cedar River Railroad Company

SUPPORTING RAILROAD

The Kansas City Southern Railway Company 10 minutes

OTHER RAILROADS

Union Pacific Railroad Company 12 minutes

Canadian Pacific Railway Company and

St. Lawrence and Hudson Railway Company Limited 6 minutes

Ontario Michigan Rail Corporation 6 minutes

Total 24 minutes

FEDERAL/STATE GOVERNMENT PARTIES

U.S. Department of Transportation 8 minutes

North Dakota Public Service Commission, North Dakota

Department of Transportation, and North Dakota

Department of Agriculture 5 minutes

Total 13 minutes

SHIPPER ORGANIZATION

The National Industrial Transportation League 6 minutes

SHIPPER PARTIES

Exxon Chemical Americas 5 minutes

Rubicon Inc. and Uniroyal Chemical Company, Inc. 5 minutes

Vulcan Chemicals 5 minutes

Total 15 minutes

LABOR PARTIES

American Train Dispatchers Department--BLE, and 4 minutes

The International Brotherhood of Electrical Workers

Brotherhood of Maintenance of Way Employes 4 minutes

International Association of Machinists and

Aerospace Workers 4 minutes

TransportationCommunications International Union 5 minutes

United Transportation Union 10 minutes

Total 27 minutes

REBUTTAL

The primary applicants are allotted the unused portion of their 55 minutes argument time for rebuttal.

1. The voting conference in this proceeding has been set for Thursday, March 25, 1999, at 10:00 a.m., in the Surface Transportation Board Hearing Room (Room 760).

2. By letter received on February 18, 1999, The City of Chicago, Illinois, advised the Board that it will not participate in the oral argument.

3. With respect to time allocations, a few of the parties argued that the time allocated to Kansas City Southern Railway (KCS) or Gateway Western Railway Company (GWWR) should come out of the 1 hour time allocation set aside for applicants because both KCS and GWWR are aligned with Canadian National/Illinois Central (CN/IC) regarding the primary application and the issues raised concerning the Alliance. The Board did not receive a request from GWWR to participate in the oral argument. CN/IC oppose the requests that KCS' time allocation should be deducted from the time provided for the applicants.