|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|BELL OIL TERMINAL, INC. V. BNSF RAILWAY COMPANY|
|Director Of Proceedings|
|DECISION GRANTED THE REQUEST, FILED BY BELL OIL TERMINAL, INC. AND BNSF RAILWAY COMPANY, TO EXTEND THE MEDIATION PERIOD IN THIS PROCEEDING UNTIL DECEMBER 1, 2010.|
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|Full Text of Decision|
41212 SERVICE DATE – LATE RELEASE NOVEMBER 10, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35302
BELL OIL TERMINAL, INC. v. BNSF RAILWAY COMPANY
Decided: November 10, 2010
On October 6, 2009, Bell Oil Terminal, Inc. (Bell Oil), filed a complaint against BNSF Railway Company (BNSF), alleging that BNSF has violated 49 U.S.C. § 11103 by failing to construct, maintain, and operate a switch connection between BNSF’s rail line and a private side track to be constructed by Bell Oil at its Pulaski Terminal in Chicago, Ill., and asking the Board to require BNSF to do so. On October 26, 2010, BNSF separately filed an answer and a motion to dismiss the complaint, alleging that Bell Oil’s complaint is premature.
On May 19, 2010, Bell Oil and BNSF jointly filed a written request that the Board mediate this dispute and issue a 60-day “housekeeping” stay to permit the Board-supervised mediation. By decision served on June 4, 2010, the Board ordered a 60-day period for nonbinding mediation and held this proceeding in abeyance for 60 days (until August 3, 2010), while the parties pursued a mediated agreement. At the request of the parties, the mediation period was subsequently extended until November 1, 2010, and the proceeding was held in abeyance until then.
In a letter filed on October 28, 2010, Bell Oil requests that the Board extend the mediation process for an additional 30 days, or until December 1, 2010, and represents that it is authorized to state that BNSF supports the requested extension. Bell Oil also indicates that the parties have made some progress, but need more time to resolve their dispute through mediation.
The request is reasonable and will be granted. Accordingly, the time for mediation will be extended until December 1, 2010, and the proceeding will be held in abeyance until then while the parties pursue a mediated agreement.
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 extend the time to mediate is granted, and the mediation period is extended until December 1, 2010.
2. The proceeding is held in abeyance until December 1, 2010, while mediation between the parties is ongoing.
3. This decision is effective on its date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.