SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_35557_0

Case Title:  
REASONABLENESS OF BNSF RAILWAY COMPANY COAL DUST MITIGATION TARIFF PROVISIONS

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION PROVIDES NOTICE TO PARTIES OF A COMPLIED SERVICE LIST.

    Decision Attachments

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    Full Text of Decision

XXXX

42207 SERVICE DATE – FEBRUARY 27, 2012

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. FD 35557

 

REASONABLENESS OF BNSF RAILWAY COMPANY COAL DUST MITIGATION TARIFF PROVISIONS

 

February 24, 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 set forth in this proceeding as described in the decision served on December 16, 2011.

 

Each person participating as a Party of Record in this proceeding must, by March 8, 2012, 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 Board, by March 8, 2012, a certificate of service, indicating that the service required by the preceding sentence has been accomplished.

 

Any document filed in this proceeding must be filed either via the Board’s e-filing format or in the traditional paper format. Any person e-filing a document should attach a document and otherwise comply with the instructions found on the Board’s website at “www.stb.dot.gov” at the “E-FILING” link. Any person filing a document in the traditional paper format should send to the Board an original and 10 paper copies of the document (and also an electronic version).

 

Every filing made by a Party of Record after the service date of this Notice must have its own certificate of service indicating that all Parties of Record on the service list have been served with a copy of the filing. 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 of Congress or Governor has requested to be, and is designated as, a Party of Record.

All persons on the attached service list should review the list and determine whether information about their address and status (as a Party of Record 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. 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 Party of Record 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 March 8, 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 be directed to:

 

Surface Transportation Board

Re: STB Finance Docket No. 35557

395 E Street, S.W.

Washington, DC 20423-0001

 

 

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

 


SERVICE LIST

 

 

PARTY OF RECORD

Sandra L. Brown

Thompson Hine LLP

1920 N Street, N.W.

Suite 800

Washington, DC 20036

 

Represents: Union Electric Company d/b/a Ameren Missouri

 

 

PARTY OF RECORD

John H. LeSeur

Slover & Loftus LLP

1224 17th Street, N.W.

Washington, DC 20036

 

Represents: Western Coal Traffic League, American Public Power Association, Edison Electric Institute, and National Rural Electric Cooperative Association

 

 

PARTY OF RECORD

Christopher S. Perry

U.S. Department of Transportation

1200 New Jersey Ave., S.E.

Room W94-316

Washington, DC 20590

 

 

PARTY OF RECORD

Michael L. Rosenthal

Covington & Burling LLP

1201 Pennsylvania Avenue, N.W.

Washington, DC 20004

 

Represents: Union Pacific Railroad Company

 

 

PARTY OF RECORD

Samuel M. Sipe, Jr.

Steptoe & Johnson LLP

1330 Connecticut Avenue, N.W.

Washington, DC 20036

 

Represents: BNSF Railway Company

 

 

PARTY OF RECORD

Eric Von Salzen

McLeod, Watkinson & Miller

One Massachusetts Avenue, N.W.

Suite 800

Washington, D.C. 20001

 

Represents: Arkansas Electric Cooperative Corporation

 

 

PARTY OF RECORD

Thomas W. Wilcox

GKG Law P.C.

1054 31st Street, Suite 200

Washington, D.C 20007

 

Represents: National Coal Transportation Association

 

 

NON-PARTY

Danielle E. Bode

Union Pacific Railroad Company

1400 Douglas Street

Omaha, NE 68179

 

 

NON-PARTY

Thomas C. Canter

National Coal Transportation Association

4 Meadow Lark Lane, #100

Littleton, CO 80127

 

 

NON-PARTY

Kathryn J. Gainey

Steptoe & Johnson LLP

1330 Connecticut Avenue, N.W.

Washington, DC 20036

 

Represents: BNSF Railway Company

 

 

NON-PARTY

J. Michael Hemmer

Union Pacific Railroad Company

1400 Douglas Street

Omaha, NE 68179

 

 

NON-PARTY

Andrew B. Kolesar III

Slover & Loftus LLP

1224 17th Street, N.W.

Washington, DC 20036

 

Represents: Western Coal Traffic League, American Public Power Association, Edison Electric Institute, and National Rural Electric Cooperative Association

 

 

NON-PARTY

Anthony J. LaRocca

Steptoe & Johnson LLP

1330 Connecticut Avenue, N.W.

Washington, DC 20036

 

Represents: BNSF Railway Company

 

 

NON-PARTY

Jill K. Mulligan

BNSF Railway Company

2500 Lou Menk Drive

Fort Worth, TX 76131

 

 

NON-PARTY

Peter A. Pfohl

Slover & Loftus LLP

1224 17th Street, N.W.

Washington, DC 20036

 

Represents: Western Coal Traffic League, American Public Power Association, Edison Electric Institute, and National Rural Electric Cooperative Association

 

 

NON-PARTY

Louise A. Rinn

Union Pacific Railroad Company

1400 Douglas

Omaha, NE 68179

 

 

NON-PARTY

William L. Slover

Slover & Loftus LLP

1224 17th Street, N.W.

Washington, DC 20036

 

Represents: Western Coal Traffic League, American Public Power Association, Edison Electric Institute, and National Rural Electric Cooperative Association

 

 

NON-PARTY

Richard E. Weicher

BNSF Railway Company

2500 Lou Menk Drive

Fort Worth, TX 76131