|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|PROVIDENCE AND WORCESTER RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER--GARDNER BRANCH|
|Director Of Proceedings|
|DECISION GRANTED NATIONAL GRID'S REQUEST FOR AN EXTENSION OF TIME TO FILE A REPLY TO PROVIDENCE AND WORCESTER RAILROAD COMPANY'S PETITION FOR A DECLARATORY IN THIS PROCEEDING.|
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|Full Text of Decision|
41004 SERVICE DATE – LATE RELEASE AUGUST 6, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35393
Decided: August 6, 2010
P&W requests that the Board remove any uncertainty regarding its exclusive jurisdiction over P&W’s use of the Gardner Branch right-of-way and find (1) that P&W has the right to the exclusive use of the right-of-way, and (2) that regulation of petitioner’s use of the right-of-way under state law by the Massachusetts Department of Public Utilities is preempted under 49 U.S.C. § 10501(b).
National Grid filed a letter on July 30, 2010, requesting a 30-day extension from that date to file a reply to the declaratory order petition. The additional time, National Grid claims, is needed because it must retain expert counsel and it would be challenging during the current vacation season to expect counsel to review state and federal law and prepare a reply by August 9, 2010. National Grid states that P&W consents to the extension request.
The extension request is reasonable and will be granted.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The due date for National Grid to file a reply to P&W’s petition for a declaratory order is extended to August 30, 2010.
2. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.