29633 - Decision

SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
Decision Information

Docket Number:	FD_33556_0

Case Title:	CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION AND GRAND TRUNK WESTERN RAILROAD INCORPORATED--CONTROL--ILLINOIS CENTRAL CORPORATION, ILLINOIS CENTRAL RAILROAD COMPANY, CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY, AND CEDAR RIVER RAILROAD COMPANY

Decision Type:	Notice

Deciding Body:	Secretary

Decision Summary

Decision Notes:	NOTICE TO THE PARTIES ISSUING COMPILED SERVICE LIST FROM NOTICES OF INTENT TO PARTICIPATE.


Decision Attachments


29633.pdf		27 KB
		Approximate download time at 28.8 kb: 24 Seconds

Note: If you do not have Acrobat Reader, or if you have problems reading our files with your current version of Acrobat Reader, the latest version of Acrobat Reader is available free at www.adobe.com.

Full Text of Decision

29633 SERVICE DATE - LATE RELEASE SEPTEMBER 28, 1998 SEC SURFACE TRANSPORTATION BOARD STB Finance Docket No. 33556 CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION, AND GRAND TRUNK WESTERN RAILROAD INCORPORATED--CONTROL--ILLINOIS CENTRAL CORPORATION, ILLINOIS CENTRAL RAILROAD COMPANY, CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY, AND CEDAR RIVER RAILROAD COMPANY Decision No. 9 Decided: September 28, 1998 NOTICE TO THE PARTIES: The attached service list has been compiled from the notices of intent to participate submitted in accordance with the procedural schedule set forth in this proceeding in Decision No. 6, served August 14, 1998, and published that day in the Federal Register at 63 FR 43744-51.⁽¹⁾ Each person actively participating as a Party of Record in this proceeding must, within 10 days of the service date of this Notice, serve a copy of all filings submitted so far in this proceeding on each Party of Record (designated on the attached service list as "Party of Record") to the extent such filings have not previously been served upon such other parties. Each Party of Record also will be required to file with the Secretary of the Board, within 10 days of the service date of this Notice, an original plus 25 copies of a certificate of service, along with an electronic copy, indicating that the service required by the preceding sentence has been accomplished. Every filing made by a Party of Record after the service date of this Notice must have its own certificate of service indicating that Administrative Law Judge David Harfeld and all Parties of Record on the service list have been served with a copy of the filing. As stated in Decision No. 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 has requested to be, and is designated, as a Party of Record. At the present time, however, there are no "Member of Congress" or "Governor" designations on the service list. The Board will continue to follow the practice regarding service of Board actions established in Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railway Company, Finance Docket No. 32760 (UP/SP). See UP/SP, Decision No. 15 (STB served Feb. 16, 1996), at 2-3. Copies of decisions, orders, and notices will be served only on those persons who are designated as Party of Record, Member of Congress, or Governor on the official service list. All other interested persons are encouraged to make advance arrangements with the Board's copy contractor, DC News & Data, Inc. (DC News), to receive copies of Board decisions, orders, and notices served in this proceeding.⁽²⁾ DC News will handle the collection of charges and the mailing and/or faxing of decisions to persons who request this service. The telephone number for DC News is: (202) 289-4357.⁽³⁾ All persons named on the attached service list should review the list and determine whether information about their address and status (as a Party of Record or not a Party of Record), is correct. The list reflects our policy of allowing only one official representative per party to be placed on the service list.⁽⁴⁾ Persons seeking to change their status must accompany that request with a written certification that he or she has complied with the service requirements set forth at 49 CFR 1180.4(a) and (d), as recently amended in Railroad Consolidation Procedures--Modification of Fee Policy, STB Ex Parte No. 556, 62 FR 9714, 9717 (Mar. 4, 1997) (interim rules), 62 FR 28375 (May 23, 1997) (final rules), and any other requirements set forth in Decision No. 6 and this decision. Requests to change or correct service list information, or to be deleted from the service list, must be filed in writing with the Board by October 5, 1998. An original plus 25 copies of such requests, along with an electronic copy, should be directed to: Office of the Secretary Case Control Branch Attn: STB Finance Docket No. 33556 Surface Transportation Board 1925 K Street, N.W. Washington, D.C. 20423-0001 Petition for Leave to Late-file a Notice of Intent to Participate. On September 18, 1998, The City of Chicago (the City) filed a petition for leave to late-file its notice of intent to participate as a party of record or in the alternative to intervene (CHI-1).⁽⁵⁾ The City states that it has been engaged in negotiations for several months with applicants and other railroads concerning the impact of additional traffic resulting from the merger, but that the pace of the negotiations has been slow, and accordingly, it must seek to participate in this proceeding as a party of record in order to seek conditions in the event the on going negotiations are not successful. The City's request is reasonable, and its notice of intent to participate is accepted. The City has been added to the service list as a party of record represented by John Broadley, attorney for the City. Duplicate Filing of a Notice of Intent to Participate. By letter dated September 25, 1998, Exxon Chemical Americas (ECA) filed a duplicate original and 25 copies of its notice of intent to participate, along with a disk, that was submitted to the Board on behalf of ECA on August 25, 1998. ECA explains that the duplicate filing is being made due to the loss of the original by Airborne Express. It says that the Airborne Express truck containing ECA's filing was robbed in Washington, D.C., and its filing was evidently stolen. ECA just recently discovered that the Board never received its original August 25 filing. ECA advises that the August 25 deliveries to applicants' representatives and Administrative Law Judge Harfeld were not affected by the truck robbery. Because of the unusual circumstances involved, ECA's duplicate filing of its notice of intent to participate is accepted. ECA has been added to the service list as a party of record represented by Stephen M. Coulter. Vernon A. Williams Secretary PARTY OF RECORD MARTIN W BERCOVICI KELLER & HECKMAN, LLP 1001 G ST NW SUITE 500 WEST WASHINGTON DC 20001 US Represents: RUBICON INC SOCIETY OF THE PLASTICS INDUSTRY INC UNIROYAL CHEMICAL COMPANY, INC. PARTY OF RECORD CHARLES D BOLAM UNITED TRANSPORTATION UNION 1400-20TH STREET GRANITE CITY IL 62040 US Represents: UNITED TRANSPORTATION UNION- GENERAL COMMITTEE OF ADJUSTMENT (GO-ALS) PARTY OF RECORD JOHN H BROADLEY JENNER & BLOCK 601 13TH ST NW 12TH FL WASHINGTON DC 20005 US Represents: CITY OF CHICAGO, ILLINOIS PARTY OF RECORD ABBY E CAPLAN 1800 MASSACHUSETTS AVENUE NW SUITE 500 WASHINGTON DC 20036-1883 US Represents: FIELDSTON PUBLICATIONS INC PARTY OF RECORD STEPHEN M COULTER EXXON CHEMICAL AMERICAS 13501 KATY FREEWAY HOUSTON TX 77079-1398 US Represents: EXXON CHEMICAL AMERICAS PARTY OF RECORD PAUL A CUNNINGHAM HARKINS CUNNINGHAM 1300 NINETEENTH STREET, NW STE. 600 WASHINGTON DC 20036-1609 US Represents: CANADIAN NATIONAL RAILWAY COMPANY CANADIAN NATIONAL RAILWAY COMPANY BLACKHAWK MERGER SUB INC GRAND TRUNK CORPORATION GRAND TRUNK WESTERN RAILROAD INCORPORATED PARTY OF RECORD NICHOLAS J DIMICHAEL DONELAN CLEARY WOOD & MASER PC 1100 NEW YORK AVENUE N W STE 750 WASHINGTON DC 20005-3934 US Represents: NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE PARTY OF RECORD PAUL M DONOVAN LAROE, WINN, MOERMAN & DONOVAN 3506 IDAHO AVE NW WASHINGTON DC 20016 US Represents: PORT AUTHORITY OF NEW YORK AND NEW JERSEY VULCAN CHEMICALS PARTY OF RECORD KELVIN J DOWD SLOVER & LOFTUS 1224 17TH STREET N W WASHINGTON DC 20036 US Represents: STATE OF NEW YORK PARTY OF RECORD RICHARD S EDELMAN O'DONNELL SCHWARTZ & ANDERSON PC 1900 L STREET NW SUITE 707 WASHINGTON DC 20036 US Represents: ALLIED RAIL UNIONS PARTY OF RECORD DANIEL R ELLIOTT III ASST GENERAL COUNSEL, UNITED TRANSPORTATION UNION 14600 DETROIT AVENUE CLEVELAND OH 44107-4250 US Represents: UNITED TRANSPORTATION UNION PARTY OF RECORD ROBERT L EVANS P O BOX 809050 OCCIDENTAL TOWER 5005 LBJ FREEWAY DALLAS TX 75380-9050 US Represents: OCCIDENTAL CHEMICAL CORPORATION PARTY OF RECORD GERALD W FAUTH III G W FAUTH & ASSOCIATES INC 116 SOUTH ROYAL STREET ALEXANDERIA VA 22314 US Represents: G W FAUTH & ASSOCIATES INC PARTY OF RECORD JOHN D FITZGERALD UTU, GENERAL CHAIRPERSON 400 E EVERGREEN BLVD STE 217 VANCOUVER WA 98660-3264 US Represents: UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT GO 386 PARTY OF RECORD PHILIP GAUTHIER 8453 BRITTANY ROAD SORRENTO LA 70778 US Represents: CONCERNED CITIZENS OF ASCENSION PARISH LOUISIANA PARTY OF RECORD DONALD F GRIFFIN BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES 10 G STREET NE STE 460 WASHINGTON DC 20002 US Represents: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES PARTY OF RECORD DAVID L HALL COMMONWEALTH CONSULTING ASSOCIATES 13103 FM 1960 WEST SUITE 204 HOUSTON TX 77065-4069 US Represents: SHELL CHEMICAL COMPANY SHELL OIL COMPANY ADMINISTRATIVE LAW JUDGE HON DAVID J HARFELD FERC - OFFICE OF HEARINGS 888 FIRST STREET NE SUITE 11F WASHINGTON DC 20426 US Represents: PARTY OF RECORD PATRICK C HENDRICKS STATE LEGISLATIVE DIRECTOR UTU 313 E 5TH STREET DES MOINES IA 50309 US Represents: UNITED TRANSPORTATION UNION IOWA LEGISLATIVE BOARD PARTY OF RECORD DEWITT J HENRY WAYNE COUNTY DEPT OF JOBS & ECONOMIC DEVELOPMENT, ADMINISTRATION 600 RANDOLPH, 323 WAYNE COUNTY BUILDING DETROIT MI 48226 US Represents: WAYNE COUNTY DEPARTMENT OF JOBS & ECONOMIC DEVELOPMENT, ADMINISTRATION PARTY OF RECORD TERENCE M HYNES SIDLEY & AUSTIN 1722 EYE STREET NW WASHINGTON DC 20006-5304 US Represents: CANADIAN PACIFIC RAILWAY COMPANY DELAWARE AND HUDSON RAILWAY COMPANY INC SOO LINE RAILROAD COMPANY ST LAWRENCE & HUDSON RAILWAY COMPANY LIMITED PARTY OF RECORD ERIKA Z JONES MAYER BROWN & PLATT 2000 PA AV NW WASH DC 20006-1882 US Represents: BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PARTY OF RECORD R MARC JORDAN MEMPHIS AREA CHAMBER OF COMMERCE PO BOX 224 MEMPHIS TN 38101-0224 US Represents: MEMPHIS AREA CHAMBER OF COMMERCE PARTY OF RECORD FRITZ R KAHN 1100 NEW YORK AVENUE NW SUITE 750 WEST WASHINGTON DC 20005-3934 US Represents: CONSOL INC ONTARIO-MICHIGAN RAIL CORPORATION SIMPSON TIMBER COMPANY PARTY OF RECORD LARRY B. KARNES TRANSPORTATION BUILDING PO BOX 30050 425 WEST OTTAWA LANSING MI 48909 US Represents: MICHIGAN DEPARTMENT OF TRANSPORTATION PARTY OF RECORD MITCHELL M. KRAUS TRANSPORTATION -COMMUNICATIONS INTERNATIONAL UNION 3 RESEARCH PLACE ROCKVILLE MD 20850 US Represents: TRANSPORATION- COMMUNICATIONS INTERNATIONAL UNION PARTY OF RECORD PAUL H LAMBOLEY 1350 EYE STREET, N.W., STE 200 WASHINGTON DC 20005-3324 US Represents: TRANSPORTATION INTERMEDIARIES ASSOCIATION PARTY OF RECORD ALLYN LEPESKA WISCONSIN DEPARTMENT OF TRANSPORTATION P O BOX 7910 4802 SHEBOYGAN AVENUE ROOM 115B MADISON WI 53707-7910 US Represents: WISCONSIN DEPARTMENT OF TRANSPORTATION PARTY OF RECORD JOHN H LESEUR SLOVER & LOFTUS 1224 17TH STREET NW WASHINGTON DC 20036-3081 US Represents: EVTAC MINING PARTY OF RECORD C MICHAEL LOFTUS SLOVER & LOFTUS 1224 SEVENTEENTH STREET, NW WASHINGTON DC 20036 US Represents: DETRIOT EDISON COMPANY PARTY OF RECORD GORDON P MACDOUGALL 1025 CONNECTICUT AVE NW SUITE 410 WASHINGTON DC 20036 US Represents: JOSEPH C SZABO PARTY OF RECORD ALBERT A MARTIN DIRECTOR, DETROIT, MICHIGAN DOT 1301 EAST WARREN DETROIT MI 48207 US Represents: DETROIT, MICHIGAN DEPARTMENT OF TRANSPORTATION PARTY OF RECORD JOHN K MASER III DONELAN CLEARY WOOD & MASER P C 1100 NEW YORK AVE NW SUITE 750 WASHINGTON DC 20005-3934 US Represents: AMERICAN FOREST & PAPER ASSOCIATION CARGILL INC PARTY OF RECORD MICHAEL F MCBRIDE LEBOEUF LAMB GREENE & MACRAE 1875 CONNECTICUT AVENUE NW WASHINGTON DC 20009-5728 US Represents: FERTILIZER INSTITUTE PARTY OF RECORD JOHN F. MCHUGH MCHUGH & SHERMAN 20 EXCHANGE PLACE 51ST FLOOR NEW YORK NY 10005 US Represents: TENNKEN RAILROAD COMPANY INC PARTY OF RECORD G PAUL MOATES SIDLEY & AUSTIN 1722 EYE STREET NW WASHINGTON DC 20006 US Represents: NORFOLK SOUTHERN RAILWAY COMPANY PARTY OF RECORD WILLIAM A MULLINS TROUTMAN SANDERS LLP 1300 I STREET NW SUITE 500 EAST WASHINGTON DC 20005-3314 US Represents: KANSAS CITY SOUTHERN RAILWAY COMPANY PADUCAH & LOUISVILLE RAILWAY INC PARTY OF RECORD W STEVEN OLINEK 8109 E JEFFERSON AVE DETROIT MI 48214 US Represents: DETROIT/WAYNE COUNTY PORT AUTHORITY PARTY OF RECORD ARVID E ROACH II COVINGTON & BURLING PO BOX 7566 1201 PENNSYLVANIA AVE N W WASHINGTON DC 20044-7566 US Represents: UNION PACIFIC RAILROAD COMPANY PARTY OF RECORD HAROLD A. ROSS GENERAL COUNSEL, ROSS & KRAUSHAAR CO., I. P. A. 1370 ONTARIO STREET, 1548 STANDARD BUILDING CLEVELAND OH 44113-1740 US Represents: BROTHERHOOD OF LOCOMOTIVE ENGINEERS PARTY OF RECORD IRVING J RUBIN P O BOX 243 YOUNGSTOWN NY 14174 US Represents: EASTERN BORDER TRANSPORTATION COALITION PARTY OF RECORD WILLIAM L SCHERI INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS 9000 MACHINISTS PLACE UPPER MARLBORO MD 20772-2687 US Represents: INTERNATIONAL ASSOCIATION OF MACHINISTS AND AREOSPACE WORKERS PARTY OF RECORD THOMAS E. SCHICK CHEMICAL MANUF ASSOC 1300 WILSON BOULEVARD ARLINGTON VA 22209 US Represents: CHEMICAL MANUFACTURERS ASSOCIATION PARTY OF RECORD MARK H SIDMAN WEINER BRODSKY,SIDMAN & KIDER 1350 NEW YORK AVE., NW., STE. 800 WASHINGTON DC 20005-4797 US Represents: I&M RAIL LINK LLC PARTY OF RECORD KENNETH E. SIEGEL AMERICAN TRUCKING ASSOC INC 2200 MILL ROAD ALEXANDRIA VA 22314-4677 US Represents: AMERICAN TRUCKING ASSOCIATIONS INC PARTY OF RECORD SAMUEL M SIPE JR STEPTOE & JOHNSON 1330 CONNECTICUT AVENUE N W WASHINGTON DC 20036-1795 US Represents: CSX CORPORATION CSX TRANSPORTATION INC PARTY OF RECORD WILLIAM C SIPPEL OPPENHEIMER WOLFF & DONNELLY 180 N STETSON AVE TWO PRUDENTIAL PLAZA 45^TH FLOOR CHICAGO IL 60601-6710 US Represents: CEDAR RIVER RAILROAD COMPANY CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY ILLINOIS CENTRAL CORPORATION ILLINOIS CENTRAL RAILROAD COMPANY PARTY OF RECORD RICHARD G SLATTERY AMTRAK 60 MASSACHUSETTS AVENUE N E WASHINGTON DC 20002 US Represents: NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) PARTY OF RECORD PAUL SAMUEL SMITH US DEPARTMENT OF TRANSPORTATION 400 SEVENTH STREET SW, ROOM 4102 C-30 WASHINGTON DC 20590 US Represents: U S DEPARTMENT OF TRANSPORTATION PARTY OF RECORD MIKE SPAHIS FINA OIL & CHEMICAL CO. 6000 LEGACY DRIVE PLANO, TX 75024-3601 US Represents: FINA OIL AND CHEMICAL COMPANY PARTY OF RECORD EILEEN S STOMMES P O BOX 96456 ROOM 4006-SOUTH BUILDING WASHINGTON DC 20090-6456 US Represents: U S DEPARTMENT OF AGRICULTURE PARTY OF RECORD MERRILL L TRAVIS ILLINOIS DEPT OF TRANSPORTATION 2300 S DIRKSEN PARKWAY RM 302 SPRINGFIELD IL 62764 US Represents: ILLINOIS DEPARTMENT OF TRANSPORTATION PARTY OF RECORD ALLAN J VOGEL MN DEPT OF TRANSPORTATION 925 KELLY ANNEX MS470 395 JOHN IRELAND BLVD ST PAUL MN 55155 US Represents: MINNESOTA DEPARTMENT OF TRANSPORTATION PARTY OF RECORD WILLIAM W WHITEHURST JR W W WHITEHURST & ASSOCIATES INC 12421 HAPPY HOLLOW ROAD COCKEYSVILLE MD 21030-1711 US Represents: W W WHITEHURST & ASSOCIATES INC PARTY OF RECORD C W (CHUCK) WILLS P O BOX 1607 350 CITY HALL SQUARE WEST WINDSOR ONTARIO CD N9A 6S1 CD Represents: CITY OF WINSOR, ONTARIO PARTY OF RECORD MICHAEL S WOLLY ZWERDLING PAUL LEIBIG KAHN THOMPSON & WOLLY 1025 CONNECTICUT AVE NW SUITE 712 WASHINGTON DC 20036 US Represents: AMERICAN TRAIN DISPATCHERS DEPARTMENT OF THE INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS PARTY OF RECORD E C WRIGHT RAIL TRANSPORTATION PROCUREMENT MANAGER 1007 MARKET STREET DUPONT BLDG 3100 WILMINGTON DE 19898 US Represents: E I DU PONT DE NEMOURS AND COMPANY INC 1. On August 21, 1998, the Brotherhood of Locomotive Engineers (BLE) filed with the Board a Request for Waiver from the Disk-CD Requirement (BLE-2). In light of our receipt on September 21, 1998, of BLE's disk and a letter withdrawing the BLE-2 filing, we will consider the request in BLE-2 as moot. 2. In addition to the service provided by DC News, interested persons may obtain copies of Board decisions, orders, and notices from our website at "WWW.STB.DOT.GOV." 3. An interested person does not need to be on the service list to obtain a copy of the primary application or any other filing made in this proceeding. Our Railroad Consolidation Procedures provide: "Any document filed with the Board (including applications, pleadings, etc.) shall be promptly furnished to interested persons on request, unless subject to a protective order." See 49 CFR 1180.4(a)(3), as recently amended in Railroad Consolidation Procedures--Modification of Fee Policy, STB Ex Parte No. 556, 62 FR 9714, 9717 (Mar. 4, 1997) (interim rules), 62 FR 28375 (May 23, 1997) (final rules). Furthermore, DC News will provide, for a charge, copies of the primary application or any other filing made in this proceeding, except to the extent any such filing is subject to the protective order previously issued in this proceeding. 4. See Press Release No. 97-68 dated August 18, 1997, announcing the implementation of the Board's "One Party-One Representative" policy for service lists. 5. By reply (designated CN/IC-19) filed September 23, 1998, applicants state that they do not oppose the City's petition because they do not believe that their interests or the Board's procedures will be unduly prejudiced by the relief sought. Applicants further state that they recognize the importance of timely filings and adherence to the schedule in this proceeding, and their nonopposition in this instance is without prejudice to their right to oppose any requests made by parties or potential parties in the future.