41354                      SERVICE DATE – LATE RELEASE JANUARY 14, 2011

DO

 

SURFACE TRANSPORTATION BOARD

 

Docket No. NOR 42126

 

UNION ELECTRIC COMPANY D.B.A. AMEREN MISSOURI AND MISSOURI CENTRAL RAILROAD COMPANY v. UNION PACIFIC RAILROAD COMPANY

 

Docket No. FD 33508

 

MISSOURI CENTRAL RAILROAD COMPANY

–ACQUISITION AND OPERATION EXEMPTION–

LINES OF UNION PACIFIC RAILROAD COMPANY

 

Docket No. FD 33537

 

GRC HOLDINGS CORPORATION

–ACQUISITION EXEMPTION–

LINES OF UNION PACIFIC RAILROAD COMPANY

 

REQUEST FOR PROCEDURAL SCHEDULE

 

Decided:  January 14, 2011 

 

 

This decision establishes a procedural schedule for this proceeding and modifies the protective order and undertakings previously adopted for this proceeding.

 

            On January 3, 2011, Union Electric Company d/b/a Ameren Missouri (Ameren Missouri) and the Missouri Central Railroad Company (MCRR) (collectively, Ameren/MCRR) and Union Pacific Railroad Company (UP) jointly filed a report on their conference held pursuant to 49 C.F.R. § 1111.10.  The report contains a proposed procedural schedule, as follows:

 

Discovery Closes                                                                      March 18, 2011          

Opening Evidence of Ameren/MCRR                           April 18, 2011

Reply Evidence of UP                                                               June 17, 2011

Rebuttal Evidence of Ameren/MCRR                            July 18, 2011

 

The proposed procedural schedule will be adopted for this proceeding.  The parties are reminded that they may request a staff-supervised discovery conference.  In an effort to maintain the procedural schedule that will be adopted here, the parties are encouraged to request such a conference sufficiently in advance of the close of the discovery period to permit resolution of the dispute.   

 

The report also contains a request to make the following modifications to the protective order and undertakings adopted by the Board in its decision served December 21, 2010 in this proceeding:

 

• Section 1(c) of the Protective Order is amended by replacing the period at the end of the last sentence with a comma and adding the following clause at the end thereof:

 

and in-house counsel for a party are permitted to retain file copies of all pleadings that they were authorized to review under this Protective Order

 

• The first paragraph of the Undertaking for Confidential Material is amended by replacing the period at the end of the last sentence with a comma and adding the following clause at the end thereof:

 

and in-house counsel may retain file copies of all pleadings that they were authorized to review.

 

            The parties state that these modifications to the protective order and undertakings will allow in-house counsel for parties to retain copies of pleadings that contain materials that they would be permitted to review under the protective order and are consistent with protective orders previously adopted by the Board.  The proposed modifications are reasonable and will be adopted.

 

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

 

            It is ordered:

 

1.      The parties’ proposed procedural schedule is adopted.

 

            2.  The parties’ proposed modifications to the protective order and undertakings are adopted.

 

            3.  This decision is effective on its service date.

 

            By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.