SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
NOR_42125_0

Case Title:  
E.I. DUPONT DE NEMOURS AND COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION ESTABLISHED A PROCEDURAL SCHEDULE FOR THIS PROCEEDING.

    Decision Attachments

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    Full Text of Decision

SERVICE DATE –

41453                                 SERVICE DATE – FEBRUARY 24, 2011

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. NOR 42125

 

E.I. DUPONT DE NEMOURS AND COMPANY

v.

NORFOLK SOUTHERN RAILWAY COMPANY

 

Decided:  February 23, 2011

 

This decision establishes a procedural schedule for this proceeding.

 

E.I. du Pont de Nemours and Company (DuPont) challenges the reasonableness of rates established by Norfolk Southern Railway Company (NS) for the transportation of 27 different commodities between 146 origin and destination pairs.  DuPont alleges that NS possesses market dominance over the traffic and requests that maximum reasonable rates be prescribed pursuant to the Board’s Stand-Alone Cost test.

 

On January 10, 2011, DuPont filed a motion in which it requests that the Board adopt the following procedural schedule:

 

Discovery Closes                                                                    June 30, 2011

Joint Submission of Operating Characteristics                       September 14, 2011

Complainant’s Opening                                                          October 31, 2011

Defendant’s Reply                                                                  March 7, 2012

Complainant’s Rebuttal                                                          June 29, 2012

Closing Briefs                                                                         August 17, 2012

 

DuPont states that NS does not oppose the motion.

 

DuPont’s unopposed motion to establish a procedural schedule will be granted, and the procedural schedule set forth above 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 at least 60 days prior to the end of the scheduled discovery period. 

 

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

 

It is ordered:  

 

1.  DuPont’s motion for procedural schedule is granted, and the schedule described above is adopted for this proceeding. 

 

2.  This decision is effective on its service date.

 

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