SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
NOR_42118_0

Case Title:  
BRAMPTON ENTERPRISES, LLC D/B/A SAVANNAH RE-LOAD V. NORFOLK SOUTHERN RAILWAY COMPANY

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION HELD THIS PROCEEDING IN ABEYANCE UNTIL AUGUST 16, 2011.

    Decision Attachments

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    Full Text of Decision

36124

41799 SERVICE DATE – AUGUST 3, 2011

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. NOR 42118

 

BRAMPTON ENTERPRISES, LLC D/B/A SAVANNAH RE-LOAD v. NORFOLK SOUTHERN RAILWAY COMPANY

 

Decided: August 3, 2011

 

This decision holds the proceeding in abeyance while the parties continue to discuss issues in the case and a possible resolution of this matter.

 

On March 29, 2010, Brampton Enterprises, LLC, d/b/a Savannah Re-Load (Brampton) filed a complaint against Norfolk Southern Railway Company (NSR), alleging that provisions of NSR’s Tariff NS 6004-B constitute unreasonable practices in violation of 49 U.S.C. 10702(2). By decision served on March 16, 2011, the Board denied NSR’s motion to dismiss the complaint and ordered the parties to propose a joint procedural schedule by April 4, 2011. By decisions served on April 12, 2011, and June 7, 2011, the proceeding was held in abeyance in order for the parties to discuss issues in the case and exchange information on a voluntary basis. By August 2, 2011, the parties were directed to inform the Board regarding any progress made in their discussions and to file a proposed procedural schedule pursuant to 49 C.F.R.  1111.10(a).

 

On July 29, 2011, Brampton and NSR jointly filed a status report stating that they have continued to exchange information related to issues in the case and have engaged in discussions about a possible resolution of this matter. They believe it would be productive for them to engage in further discussions. They request that this proceeding and the requirement to file a proposed procedural schedule, which was to have been included in their report, be held in abeyance for an additional 14 days, until August 16, 2011.

 

The joint request is reasonable, and the proceeding will be held in abeyance so that the parties may continue to discuss the issues in the case. By August 16, 2011, the parties must inform the Board regarding any progress made in their discussions and, jointly or separately, must file a proposed procedural schedule.

 

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

 

It is ordered:

 

1. The proceeding is held in abeyance until August 16, 2011.

 

2. The parties are directed to inform the Board regarding any progress made in their discussions and to file a proposed procedural schedule by August 16, 2011, as discussed above.

 

3. This decision is effective on its date of service.

 

By the Board, Rachel D. Campbell, Director, Office of Proceedings.