29692

SEC

NOTICE TO THE PARTIES:

On September 28, 1998, a Notice to the Parties (Decision No. 9) was served in this proceeding. The service list was attached to the Notice. The Notice directed that corrections to the service list must be filed in writing with the Board by October 5, 1998. The Notice also directed that all persons actively participating as a Party of Record in this proceeding must serve a copy of all filings submitted so far on all persons listed as Parties of Record, to the extent such filings have not previously been served upon such other parties.

The Board received a timely filed request from Exxon Chemical Americas to substitute the name of its representative on the service list, and this revision is reflected in the attached Appendix. The late-filed requests from Paducah & Louisville Railway, Inc. (PLR), the International Association of Machinists and Aerospace Workers (the IAM), and the North Dakota Public Service Commission (NDPSC) are addressed below.

Late-filed corrections. On October 6, 1998, the Board received a late-filed correction to the service list from PLR (designated as PLR-2), requesting a substitution of counsel. PLR requests that the name of its official representative for service be changed to J. Thomas Garrett, in lieu of William A. Mullins. The late-filed request is accepted, and Mr. Garrett will be added to the service list as a Party of Record representing PLR, in lieu of Mr. Mullins. However,

Mr. Mullins remains on the service list as a Party of Record representing Kansas City Southern Railway Company. (See attached Appendix.)

On October 9, 1998, the Board received a late-filed correction to the service list from the IAM (designated as IAM-3), requesting a substitution of counsel. The IAM requests that

Debra L. Willen be substituted as its representative for service. The late-filed request is accepted, and Ms. Willen will be added to the service list as a Party of Record representing the IAM. Mr. William L. Scheri's name will, therefore, be deleted from the service list. (See attached Appendix.)

Late-filed petition for leave to late-file a notice of intent to participate as a Party of Record. On October 13, 1998, the Board received a petition from the NDPSC for leave to late file its notice of intent to participate as a Party of Record, and a notice of intent to participate as a Party of Record (designated as NDPSC-1). NDPSC states that it believes that no prejudice to any parties will result from the Board permitting it to file its notification at this time, and that its intervention will not unduly broaden the issues raised in this proceeding. NDPSC also states that granting its petition to file notice at this stage of the proceeding will not disrupt the procedural schedule adopted by the Board, and that it plans to file its comments on October 27, 1998, as called for in Decision No. 11 served October 2, 1998, and is prepared to comply fully with that order. Applicants filed a reply (designated as CN/IC-30), objecting to NDPSC's request. NDPSC's request was filed prior to the issuance of this corrected service list, and will not disrupt the procedural schedule adopted by the Board. Therefore, NDPSC's petition is granted, and its counsel, William W. Binek, will be added to the service list as a Party of Record representing NDPSC. (See attached Appendix.)

The final service list incorporates the additions/corrections shown in the Appendix attached to this Notice. All Parties of Record who have filed pleadings in this proceeding must, within 5 days of the service date of this Notice, serve a copy of those pleadings on the designated Parties of Record that are added to the service list, and submit an original and 25 copies of a certificate of service to the Secretary of the Board indicating that service has been accomplished.

All future filings must each have a certificate of service indicating that all Parties of Record have been properly served with a copy of the filing. Parties are reminded that, in addition to submitting an original and 25 paper copies of each document filed with the Board, parties also must submit, on diskettes (3.5-inch IBM-compatible floppies formatted for WordPerfect 7.0 or formatted so that they can be converted into WordPerfect 7.0) or compact discs, one electronic copy of each such document. (See Decision No. 6, served August 14, 1998, and published that day in the Federal Register at 63 FR 43744-51, for further information concerning electronic submissions.)

Vernon A. Williams

Secretary

THE FOLLOWING NAMES SHOULD BE ADDED TO THE SERVICE LIST AS

PARTIES OF RECORD:

PARTY OF RECORD

William W. Binek

Special Assistant Attorney General

Counsel for Public Service Commission

State of North Dakota

600 E. Boulevard Ave., Department 408

Bismarck, ND 58505-0480

Represents: North Dakota Public Service Commission

PARTY OF RECORD

Anne D. Smith

White & Case LLP

601 Thirteenth Street, N.W.

Washington, D.C. 20005-3807

Represents: Exxon Chemical Americas (a Division of Exxon Chemical Company,

a Division of Exxon Corporation)

PARTY OF RECORD

Debra L. Willen

Guerrieri, Edmond & Clayman, P.C.

1331 F Street, N.W.

Suite 400

Washington, D.C. 20004

Represents: International Association of Machinists and Aerospace Workers

THE FOLLOWING NAME SHOULD BE ADDED TO THE SERVICE LIST AS A

PARTY OF RECORD REPRESENTING PADUCAH & LOUISVILLE RAILWAY,

INC., IN LIEU OF WILLIAM A. MULLINS. MR. MULLINS REMAINS ON THE

SERVICE LIST AS A PARTY OF RECORD REPRESENTING KANSAS CITY

SOUTHERN RAILWAY COMPANY:

PARTY OF RECORD

J. Thomas Garrett

Executive Vice President

Paducah & Louisville Railway, Inc.

1500 Kentucky Avenue

Paducah, KY 42003-2893

Represents: Paducah & Louisville Railway, Inc.

THE FOLLOWING NAMES SHOULD BE DELETED FROM THE SERVICE LIST AS PARTIES OF RECORD:

Stephen M. Coulter

Exxon Chemical Americas

13501 Katy Freeway

Houston, TX 77079-1398

Represents: Exxon Chemical Americas

William L. Scheri

International Association of Machinists and Aerospace Workers

9000 Machinists Place

Upper Marlboro, MD 20772-2687

Represents: International Association of Machinists and Aerospace Workers