|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY|
|DECISION REOPENED DECISION NO. 16, SERVED DECEMBER 24, 2008, IN THIS PROCEEDING, TO IMPOSE UPON CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION CONDITIONS REQUIRING THEM TO COMPLY WITH THE TERMS OF THE NEW AGREEMENTS. IN ADDITION, THIS DECISION REMOVED THE BOARD’S EXISTING SITE-SPECIFIC CONDITIONS THAT PERTAIN TO THE COMMUNITIES THAT HAVE NOW ENTERED INTO NEGOTIATED AGREEMENTS, AS WELL AS THE SITE-SPECIFIC CONDITION PERTAINING TO HAWTHORNE WOODS, WHICH ENTERED INTO AN AGREEMENT ON SEPTEMBER 14, 2009.|
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|Full Text of Decision|
40570 SERVICE DATE – MARCH 10, 2010
SURFACE TRANSPORTATION BOARD
STB Finance Docket No. 35087
CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION—CONTROL—EJ&E WEST COMPANY
Decision No. 22
Decided: March 9, 2010
In Decision No. 16, served December 24, 2008 (Approval Decision), the Board approved, subject to numerous environmental mitigation and other conditions, the acquisition of control by Canadian National Railway Company and Grand Trunk Corporation (together, CN or Applicants) of EJ&E West Company, a wholly owned, noncarrier subsidiary of Elgin, Joliet and Eastern Railway Company (EJ&E).
In the Approval Decision (slip op. at 40), the Board encouraged communities and other entities to continue seeking to reach negotiated settlement agreements with Applicants. The Board indicated that the terms of any such agreements would be imposed as additional mitigation conditions in lieu of any site-specific mitigation conditions related to that community or entity in the Approval Decision. In Decision Nos. 19 (served August 5, 2009) and 20 (served October 19, 2009), the Board modified the mitigation measures imposed in the Approval Decision to reflect new negotiated agreements entered into with various communities in Illinois and Indiana.
Applicants have submitted new negotiated
agreements entered into with Village of Lake Zurich, IL (executed November 16,
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. This proceeding is reopened.
2. To reflect new negotiated agreements, the following condition is added to the end of the environmental conditions in Appendix A of the Approval Decision (as modified by Decision Nos. 19 and 20):
77. Applicants shall comply with the terms of the following negotiated agreements:
a. the negotiated agreement
b. the negotiated
agreement executed by
3. In view of the new negotiated agreements and the agreement with Hawthorne Woods, the following site-specific mitigations are removed from the environmental conditions of Appendix A of the Approval Decision:
a. Condition No. 15 and 18, the references to
b. Condition No. 15 and 18, the references to
c. Condition No. 15, the reference to Hawthorne Woods.
4. This decision is effective on the date of service.
By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Nottingham.
 This decision also embraces Elgin, Joliet and Eastern Railway Company—Corporate Family Exemption—EJ&E West Company, STB Finance Docket No. 35087 (Sub-No. 1); Chicago, Central & Pacific Railroad Company—Trackage Rights Exemption—EJ&E West Company, STB Finance Docket No. 35087 (Sub-No. 2); Grand Trunk Western Railroad Incorporated—Trackage Rights Exemption—EJ&E West Company, STB Finance Docket No. 35087 (Sub-No. 3); Illinois Central Railroad Company—Trackage Rights Exemption—EJ&E West Company, STB Finance Docket No. 35087 (Sub-No. 4); Wisconsin Central Ltd.—Trackage Rights Exemption—EJ&E West Company, STB Finance Docket No. 35087 (Sub‑No. 5); EJ&E West Company—Trackage Rights Exemption—Chicago, Central & Pacific Railroad Company, STB Finance Docket No. 35087 (Sub-No. 6); and EJ&E West Company—Trackage Rights Exemption—Illinois Central Railroad Company, STB Finance Docket No. 35087 (Sub-No. 7).
 The site specific condition in Appendix A of the Approval Decision pertaining to Hawthorne Woods inadvertently was not removed in Decision No. 20. Accordingly, the Board will now remove that condition.