|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|AG PROCESSING INC A COOPERATIVE--PETITION FOR DECLARATORY ORDER|
|Director Of Proceedings|
|DECISION GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST TO EXTEND THE DUE DATE FOR ITS REPLY TO AG PROCESSING'S PETITION.|
| 7 KB|
|Approximate download time at 28.8 kb: 16 Seconds|
If you do not have Acrobat Reader, or if you have problems reading our files with your current version of Acrobat Reader, the latest version of Acrobat Reader is available free at www.adobe.com.
|Full Text of Decision|
41012 SERVICE DATE – LATE RELEASE AUGUST 6, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35387
AG PROCESSING INC A COOPERATIVE—PETITION FOR DECLARATORY ORDER
Decided: August 5, 2010
On July 20, 2010, Ag Processing Inc A Cooperative (Ag Processing) filed a petition for declaratory order challenging one part of a Norfolk Southern Railway Company (NSR) tariff that addresses rail cars that are loaded in excess of their weight limits. Specifically, Ag Processing asks the Board to resolve a dispute about how the tariff treats cars that are overloaded because of weather conditions.
In a motion filed on August 3, 2010, NSR asks that the Board extend the August 9 due date for its reply to Ag Processing’s petition. NSR states that it has examined the controversial part of the tariff, adopted new language, and shared the new language with Ag Processing. So that the parties can confer further, NSR asks that the Board extend the due date for its answer by 14 days. NSR states that Ag Processing does not oppose the extension request.
This request is reasonable and will be granted. The Board encourages the private resolution of disputes.
It is ordered:
1. NSR’s extension request is granted, and its reply to Ag Processing’s petition is due on or before August 23, 2010.
2. This decision is effective on its date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.