41903                                 SERVICE DATE – SEPTEMBER 26, 2011

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. NOR 42119

 

NORTH AMERICA FREIGHT CAR ASSOCIATION v. UNION PACIFIC RAILROAD COMPANY

 

Decided:  September 26, 2011

 

            This decision grants an unopposed motion filed by the North America Freight Car Association (NAFCA) to alter the procedural schedule in this proceeding.

 

            On April 15, 2010, NAFCA filed a complaint against Union Pacific Railroad Company (UP), alleging that provisions of Item 200-A of UP’s Freight Tariff 6004 Series constitute unreasonable practices and violations of UP’s common carrier obligation.  On May 5, 2010, UP filed an answer to the complaint, generally denying NAFCA’s allegations.  By a series of decisions, the most recent served on May 13, 2011, the proceeding was held in abeyance until July 8, 2011, so that the parties could engage in informal discovery and consider mediation to resolve this dispute or narrow the issues.^[1] 

 

On July 7, 2011, NAFCA:  (1) filed its first amended complaint; (2) notified the Board that the parties had failed to reach a negotiated agreement and advised the Board that no further negotiations appear warranted; and (3) submitted for the Board’s consideration a procedural schedule negotiated by the parties with a request for a Board order embracing the proposed procedural schedule.  On July 27, 2011, UP filed an answer to NAFCA’s first amended complaint.  By a decision served on August 2, 2011, the Board adopted the procedural schedule jointly proposed by the parties.

 

On September 14, 2011, NAFCA filed a motion to alter the procedural schedule.  NAFCA states that the alteration is necessary to accommodate the completion of the discovery process.  NAFCA states that UP concurs with the modified procedural schedule.  NAFCA requests that the Board adopt the following procedural schedule: 

 

October 3, 2011                      UP completes discovery responses

November 4, 2011                  NAFCA completes discovery responses

December 5, 2011                   NAFCA Opening Statement due

February 3, 2012                     UP Reply Statement due

March 5, 2012                         NAFCA Rebuttal due

 

The request is reasonable.  The proposed alteration to the procedural schedule, agreed to by the parties, will be adopted. 

 

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

 

            It is ordered:

 

1.  The request to adopt the proposed procedural schedule is granted.

 

            2.  The procedural schedule set forth above is adopted.

 

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

 

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