SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_35324_0

Case Title:  
TECK METALS LTD.--PETITION FOR DECLARATORY ORDER--PRACTICES OF WHEELING & LAKE ERIE RAILWAY COMPANY

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION GRANTED TECK METALS LTD.'S PETITION TO HOLD THIS PROCEEDING IN ABEYANCE UNTIL FURTHER ORDER OF THE BOARD.

    Decision Attachments

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    Full Text of Decision

40825

40825                                         SERVICE DATE – MAY 26, 2010

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

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

United States District Court for the Northern District of Ohio

Eastern Division

510 United States Courthouse

Two South Main Street

Akron, Ohio 44308-1813

 

RE: No. 5:09-CV-1184

 

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