|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|TECK METALS LTD.--PETITION FOR DECLARATORY ORDER--PRACTICES OF WHEELING & LAKE ERIE RAILWAY COMPANY|
|Director Of Proceedings|
|DECISION GRANTED TECK METALS LTD.'S PETITION TO HOLD THIS PROCEEDING IN ABEYANCE UNTIL FURTHER ORDER OF THE BOARD.|
| 9 KB|
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|Full Text of Decision|
40825 SERVICE DATE – MAY 26, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35324
TECK METALS LTD. – PETITION FOR DECLARATORY ORDER – PRACTICES OF WHEELING & LAKE ERIE RAILWAY COMPANY
Decided: May 25, 2010
On November 17, 2009, Teck Metals Ltd. (Teck) filed a petition for declaratory order to resolve a dispute over demurrage charges assessed by Wheeling & Lake Erie Railway Company (W&LE). This matter was referred to the Board by the United States District Court for the Northern District of Ohio, Eastern Division, on October 29, 2009, in Wheeling & Lake Erie Railway v. Teck Cominco Metals, Ltd., No. 5:09-CV-01184. By decision served on January 22, 2010, the Board instituted the instant proceeding and adopted a procedural schedule.
On May 24, 2010, Teck filed a petition to hold the proceeding in abeyance. Teck states that it has reached an agreement in principle with W&LE to settle all matters at issue in this proceeding, that the parties will execute a settlement agreement in the very near future disposing of all matters at issue, and that Teck will move to dismiss this proceeding. Teck also states that W&LE concurs in the relief requested.
The petition to hold this proceeding in abeyance is unopposed, and it is reasonable and consistent with the Board’s policy of facilitating private-sector negotiation and resolution of disputes. Therefore, the petition will be granted, and the proceeding will be held in abeyance pending further order of the Board.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. Teck’s petition to hold the proceeding in abeyance is granted.
2. This proceeding is held in abeyance pending further order of the Board.
3. This decision is effective on its service date.
4. Copies of this decision will be mailed to:
The Honorable John R. Adams
RE: No. 5:09-CV-1184
By the Board, Rachel D. Campbell, Director, Office of Proceedings.