|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NORTH SHORE RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--PPL SUSQUEHANNA, LLC|
|Director Of Proceedings|
|DECISION: (1) HELD IN ABEYANCE, PENDING FURTHER BOARD ACTION, PUBLICATION OF THE NOTICE AND EFFECTIVENESS OF THE EXEMPTION IN THIS PROCEEDING; AND (2) DIRECTED NORTH SHORE RAILROAD COMPANY TO FILE ADDITIONAL INFORMATION IDENTIFIED IN THIS DECISION BY JUNE 23, 2010.|
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|Full Text of Decision|
40815 SERVICE DATE – LATE RELEASE JUNE 3, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35377
North Shore Railroad Company—Acquisition and Operation Exemption—ppl susquehanna, llc
Decided: June 3, 2010
On May 17,
2010, North Shore Railroad Company (North Shore), a Class III rail carrier,
filed a verified notice of exemption under 49 C.F.R. § 1150.41 to acquire a
rail operating easement over approximately 6 miles of rail line in Luzerne
County, Pa., owned by PPL Susquehanna, LLC (PPLS), a noncarrier. The easement extends from
Where a notice
raises issues of concern to the Board, publication of that notice and effectiveness
of that exemption may be held in abeyance to allow the applicant to provide an
explanation through the filing of supplemental information. Anthony Macrie—Continuance in Control
Where an operator has an easement
to provide for-hire service over a line, but the line is owned by a noncarrier (who
wishes to remain a noncarrier), the Board has taken steps to safeguard the
common carrier obligation by analyzing the owner’s degree of control and
potential for interference with the operator’s ability to carry out its common
carrier obligation to provide service over the line.
Here, PPLS would convey to
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. 1. Publication of the notice and effectiveness of the exemption are held in abeyance pending further Board action.
2. North Shore
is directed to file the additional information identified in this decision by June
23, 2010. In the event
3. 3. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.