SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
NOR_42117_0

Case Title:  
CARGILL, INC.; E.I. DU PONT DE NEMOURS AND COMPANY; EXXON MOBIL CORPORATION; JONES-HAMILTON CO.; PPG INDUSTRIES, INC.; REAGENT CHEMICAL AND RESEARCH, INC.; TAMINCO METHYLAMINES, INC. V. ABERDEEN AND ROCKFISH RAILROAD COMPANY; BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY; BNSF RAILWAY COMPANY; BOSTON AND MAINE CORPORATION; BUFFALO AND PITTSBURGH RAILROAD, INC.; CANADIAN NATIONAL RAILWAY; CANADIAN PACIFIC RAILWAY; CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY; CENTRAL WASHINGTON RAILROAD COMPANY; CSX TRANSPORTATION INC.; ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; GARY RAILWAY COMPANY; INDIANA & OHIO RAILWAY COMPANY; IOWA, CHICAGO & EASTERN RAILROAD CORPORATION; IOWA NORTHERN RAILWAY COMPANY; KANSAS CITY SOUTHERN RAILWAY COMPANY; MAINE CENTRAL RAILROAD COMPANY; MONTANA RAIL LINK, INC.; NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORP.; NORFOLK SOUTHERN RAILWAY COMPANY; PAN AM RAILWAYS INC.; PORTLAND TERMINAL COMPANY; ROCHESTER AND SOUTHERN RAILROAD, INC.; SANDERSVILLE RAILROAD COMPANY; SPRINGFIELD TERMINAL RAILWAY CO.; UNION PACIFIC RAILROAD COMPANY; ASSOCIATION OF AMERICAN RAILROADS; RAILINC



Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION GRANTED A MOTION TO EXTEND THE MEDIATION PERIOD IN THIS PROCEEDING TO AUGUST 31, 2011.

    Decision Attachments

11 KB
24 KB
29 KB

Approximate download time at 28.8 kb: 31 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

35435

41623                                       SERVICE DATE – MAY 13, 2011

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. NOR 42117

 

CARGILL, INC.; E.I. DU PONT DE NEMOURS AND COMPANY; EXXON MOBIL CORPORATION; JONES-HAMILTON CO.; PPG INDUSTRIES, INC.; REAGENT CHEMICAL AND RESEARCH, INC.; TAMINCO METHYLAMINES, INC.

v.

Aberdeen and Rockfish Railroad Company; Baltimore and Ohio Chicago Terminal Railroad Company; BNSF Railway Company; Boston and Maine Corporation; Buffalo and Pittsburgh Railroad, Inc.; Canadian National Railway; Canadian Pacific Railway; Cedar Rapids and Iowa City Railway Company; Central Washington Railroad Company; CSX Transportation Inc.; Elgin, Joliet and Eastern Railway Company; Gary Railway Company; Indiana & Ohio Railway Company; Iowa, Chicago & Eastern Railroad Corporation; Iowa Northern Railway Company; Kansas City Southern Railway Company; Maine Central Railroad Company; Montana Rail Link, Inc.; New York, Susquehanna and Western Railway Corp.; Norfolk Southern Railway Company; Pan Am Railways Inc.; Portland Terminal Company; Rochester and Southern Railroad, Inc.; SANDERSVILLE RAILROAD COMPANY; Springfield Terminal Railway Co.; Union Pacific Railroad Company; Association of American Railroads; Railinc

 

Decided:  May 13, 2011

 

Cargill, Inc., E.I. du Pont de Nemours and Company, Exxon Mobil Corporation, Jones-Hamilton Co., PPG Industries, Inc., Reagent Chemical and Research, Inc. and Taminco Methylamines, Inc. (collectively, complainants), have filed a complaint against the above-named parties[1] (collectively, defendants), requesting that the Board determine the reasonableness of certain rail practices and prescribe reasonable rail practices for the future.  Specifically, complainants allege that, with respect to the calculation of “mileage equalization” charges set forth in Freight Tariff RIC 6007-Series (Tariff), Item 187 and Item 190, defendants have charged complainants unreasonable amounts due to interpretations and applications of the Tariff that were not justified either by the Tariff or decisions of the Board’s predecessor, the Interstate Commerce Commission, and that are thus unlawful.  Complainants also filed a petition for mediation simultaneously with their complaint. 

 

In its June 8 decision, the Board resolved several pending matters and held this proceeding in abeyance to allow for mediation among the parties.  The mediation was to take place for a period of 30 days from the appointment of a mediator, subject to requests for an extension.  By a series of subsequent decisions, the mediation period has been extended several times, with the latest extension expiring on May 13, 2011.

 

On May 12, 2011, complainants filed a motion to extend the mediation period to August 31, 2011, to allow the parties to seek a negotiated resolution of their differences.  Complainants state that AAR defendants and intervenor North American Freight Car Association have authorized complainants to represent that they concur with this request.[2]  Accordingly, the mediation period will be extended until August 31, 2011, and may be extended further based upon the consent of the parties and the recommendation of the mediator.

 

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

 

            It is ordered:

 

1.  Complainants’ request to extend the mediation period to August 31, 2011, is granted.

 

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

 

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



[1]  In a decision served on June 8, 2010 (June 8 decision), the Board granted complainants’ motion to dismiss Sandersville Railroad Company (Sandersville) as a defendant in this proceeding.  As a result, Sandersville is no longer a party to this proceeding.

[2]  The AAR defendants are:  Association of American Railroads; Railinc; BNSF Railway Company; Buffalo & Pittsburgh Railroad, Inc.; Canadian National Railway; Canadian Pacific Railway; CSX Transportation, Inc.; Gary Railway Company; Norfolk Southern Railway Company; Rochester & Southern Railroad, Inc.; Kansas City Southern Railway Company; and Union Pacific Railroad Company.