42159 - Decision

SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
Decision Information

Docket Number:	FD_35504_0

Case Title:	UNION PACIFIC RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER

Decision Type:	Decision

Deciding Body:	Director Of Proceedings

Decision Summary

Decision Notes:	PROVIDED NOTICE TO THE PARTIES IN THIS PROCEEDING OF A SERVICE LIST.


Decision Attachments


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Full Text of Decision

XXXX 42159 SERVICE DATE – JANUARY 23, 2012 DO SURFACE TRANSPORTATION BOARD DECISION Docket No. FD 35504 UNION PACIFIC RAILROAD COMPANY—PETITION FOR DECLARATORY ORDER Decided: January 20, 2012 NOTICE TO THE PARTIES: The attached service list has been compiled from notices of intent to participate submitted in accordance with the procedural schedule in the decision served on December 12, 2011, and the notice published in the Federal Register on December 14, 2011 (76 Fed. Reg. 77,890), as amended by the decision served on December 22, 2011. Each person actively participating as a Party of Record (POR) in this proceeding must, by February 2, 2012, serve a copy of all filings submitted so far in this proceeding on each POR (designated on the attached service list as “Party of Record”) to the extent such filings have not previously been served upon such other parties.[1] Each POR also will be required to file with the Board, by February 2, 2012, a certificate of service, indicating that the service required by the preceding sentence has been accomplished. Any filing submitted in this proceeding must be submitted either via the Board’s e-filing process or in the traditional paper format. Any person using e-filing should attach a document and otherwise comply with the instructions at the E-FILING link on the Board’s website at http://www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies (and also an electronic version), referring Docket No. FD 35504, to: Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001. Every filing made by a POR after the service date of this Notice must have its own certificate of service indicating that all PORs on the service list have been served with a copy of the filing. All persons on the attached service list should review the list and determine whether information about their address and status (as a POR or Non-Party) is correct. The list reflects the Board’s policy of allowing only one official representative per party to be placed on the service list as a POR. In this proceeding, if a request was made in the notice of intent to participate to have more than one name added to the service list as a POR representing a particular entity, the extra name was added to the service list as a “Non-Party.” Any person designated as a Non-Party will receive copies of Board decisions, orders, and notices but not copies of official filings. 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 C.F.R. § 1104.12 and any other requirements set forth in this Notice. 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 January 30, 2012. Parties must submit such requests either via the Board’s e-filing format or in the traditional paper format (an original plus 10 copies). Requests submitted in the paper format should refer to Docket No. FD 35504. By the Board, Rachel D. Campbell, Director, Office of Proceedings. SERVICE LIST PARTY OF RECORD Karyn A. Booth Thompson Hine LLP 1920 N Street, N.W. Washington, DC 20036 karyn.booth@thompsonhine.com Represents: The National Industrial Transportation League PARTY OF RECORD Keith T. Borman American Short Line and Regional Railroad Association 50 F Street, N.W. Suite 7020 Washington, DC 20001 kborman@aslrra.org PARTY OF RECORD Robin A. Burns Occidental Chemical Corporation 5005 LBJ Freeway Suite 2200 Dallas, TX 75244-6119 robin_a._burns@oxy.com PARTY OF RECORD Paul M. Donovan LaRoe, Winn, Moerman & Donovan 1250 Connecticut Avenue, N.W. Suite 200 Washington, DC 20036 paul.donovan@laroelaw.com Represents: The Chlorine Institute, Inc. PARTY OF RECORD Patrick E. Groomes Fulbright & Jaworski, L.L.P. 801 Pennsylvania Avenue, N.W. Washington, DC 20004-2623 pgroomes@fulbright.com Represents: CF Industries, Inc. PARTY OF RECORD William J. Hamel Arkema Inc. 900 First Avenue King of Prussia, PA 19406 william.hamel@arkema.com PARTY OF RECORD Gregory M. Leitner Husch Blackwell LLP 736 Georgia Avenue Suite 300 Chattanooga, TN 37402 gregory.leitner@huschblackwell.com Represents: Olin Corporation PARTY OF RECORD C. Michael Loftus Slover & Loftus LLP 1224 17^th Street, N.W. Washington, DC 20036 cml@sloverandloftus.com Represents: Dyno Nobel Inc. PARTY OF RECORD David L. Meyer Morrison & Foerster LLP 2000 Pennsylvania Avenue, N.W. Suite 6000 Washington, DC 20006 dmeyer@mofo.com Represents: Norfolk Southern Railway Company PARTY OF RECORD Jeffrey O. Moreno Thompson Hine LLP 1920 N Street, N.W. Washington, DC 20036 jeff.moreno@thompsonhine.com Represents: The Dow Chemical Company, The Fertilizer Institute, SunBelt Chlor Alkali Partnership, and Westlake Chemical Company PARTY OF RECORD William A. Mullins Baker & Miller PLLC 2401 Pennsylvania Avenue, N.W. Washington, DC 20037 wmullins@bakerandmiller.com Represents: Kansas City Southern Railway Company PARTY OF RECORD John P. Patelli Counsel CSX Transportation J-150 500 Water Street Jacksonville, FL 32223 john_patelli@csx.com PARTY OF RECORD Christopher S. Perry U.S. Department of Transportation Office of the General Counsel 1200 New Jersey Avenue, S.E. Room W94-316 Washington, DC 20590 christopher.perry@dot.gov PARTY OF RECORD Michael L. Rosenthal Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 mrosenthal@cov.com Represents: Union Pacific Railroad Company PARTY OF RECORD David F. Rifkind Leonard, Street, and Deinard 1350 I Street, N.W. Suite 800 Washington, DC 20005 david.rifkind@leonard.com Represents: Canadian Pacific Railway Company, Soo Line Railroad Company, Dakota, Minnesota & Eastern Railroad Corporation, and Delaware and Hudson Railway Company, Inc. PARTY OF RECORD Kevin M. Sheys Nossaman LLP 1666 K Street, N.W. Suite 500 Washington, DC 20006 ksheys@nossaman.com Represents: TDY Industries, Inc. dba ATI Wah Chang PARTY OF RECORD Samuel M. Sipe, Jr. Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, DC 20036 ssipe@steptoe.com Represents: BNSF Railway Company PARTY OF RECORD Scott N. Stone Patton Boggs, LLP 2550 M Street, N.W. Washington, DC 20037 sstone@pattonboggs.com Represents: American Chemistry Council PARTY OF RECORD Louis P. Warchot Association of American Railroads 425 Third Street, S.W. Suite 1000 Washington, DC 20024 lwarchot@aar.org PARTY OF RECORD Thomas W. Wilcox GKG Law, P.C. 1054 31^st Street, N.W. Washington, DC 20007 twilcox@gkglaw.com Represents: Canexus Chemicals Canada, L.P. and U.S. Magnesium, LLC NON-PARTY Stephanie A. Archuleta Slover & Loftus LLP 1224 17^th Street, N.W. Washington, DC 20036-3003 sma@sloverandloftus.com Represents: Dyno Nobel Inc. NON-PARTY Danielle E. Bode Union Pacific Railroad Company 1400 Douglas Street Omaha, NE 68179 NON-PARTY David L. Coleman Norfolk Southern Railway Company Three Commercial Place Norfolk, VA 23510 david.coleman@nscorp.com NON-PARTY Jim Denham ATI Primary Metals and Exotic Alloys P.O. Box 460 1600 N.E. Old Salem Road Albany, OR 97321 NON-PARTY J. Michael Hemmer Union Pacific Railroad Company 1400 Douglas Street Omaha, NE 68179 NON-PARTY James A. Hixon Norfolk Southern Railway Company Three Commercial Place Norfolk, VA 23510 NON-PARTY Peter A. Pfohl Slover & Loftus LLP 1224 17^th Street, N.W. Washington, DC 20036-3003 pap@sloverandloftus.com Represents: Dyno Nobel Inc. NON-PARTY David C. Reeves Kansas City Southern P.O. Box 219335 Kansas City, MO 64121-9335 NON-PARTY Louise A. Rinn Union Pacific Railroad Company 1400 Douglas Street Omaha, NE 68179 NON-PARTY John M. Scheib Norfolk Southern Railway Company Three Commercial Place Norfolk, VA 23510 john.scheib@nscorp.com NON-PARTY Robert A. Wimbish Baker & Miller PLLC 2401 Pennsylvania Avenue, N.W. Washington, DC 20037 rwimbish@bakerandmiller.com Represents: Kansas City Southern Railway Company NON-PARTY W. James Wochner Kansas City Southern P.O. Box 219335 Kansas City, MO 64121-9335 [1] Service may be made by e-mail if service by e-mail is acceptable to the recipient. Parties with e-mail addresses listed below are assumed to accept e-mail service unless they notify the Board otherwise.