40766                          SERVICE DATE – LATE RELEASE APRIL 26, 2010

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. AB 1043 (Sub-No. 1)

 

MONTREAL, MAINE & ATLANTIC RAILWAY, LTD.—DISCONTINUANCE OF SERVICE AND ABANDONMENT—IN AROOSTOOK AND PENOBSCOT COUNTIES, ME.

 

Decided:  April 26, 2010

 

            On February 25, 2010, Montreal, Maine & Atlantic Railway, Ltd. (MMA) filed an application under 49 U.S.C. § 10903 for authority to discontinue service over and abandon approximately 233 miles of line in Aroostook and Penobscot Counties, Me.[1]  The State of Maine (State), by and through its Department of Transportation, has expressed opposition to the proposed discontinuance of service and abandonment, and the State is in the process of seeking voter approval to issue bonds to provide funds with which to acquire the line to preserve rail service should the Board grant MMA’s application.

 

            On April 22, 2010, following a meeting attended that day by MMA, the State, and Board mediation staff, MMA filed a motion requesting that the Board extend the existing procedural schedule for a period of 3 weeks so that MMA and the State may enter into confidential mediation concerning the future of the line.  If granted, the extension would postpone the due date for MMA’s rebuttal until May 26, 2010, and would extend by 3 weeks related Board procedural dates.  The State concurs with MMA’s request.

 

            The request is reasonable and will be granted.  The Board favors the negotiated resolution of disputes.  Accordingly, MMA’s rebuttal in this proceeding will be due on or before May 26, 2010.  Discovery should proceed in accordance with timeframes already in place.

 

            The Board previously granted requests to hold a public hearing on the application.  The Board scheduled the hearing for May 10, 2010, in Presque Isle, Me.  Because MMA and the State will be engaged in mediation, the May 10 hearing will be postponed until further notice from the Board.

 

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

 

            It is ordered:

 

            1.  The motion is granted.

 

            2.  MMA’s rebuttal is due on or before May 26, 2010.

 

3.  The May 10 hearing is postponed until further notice from the Board.

 

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

 

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