|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY|
|DECISION REOPENS THE APPROVAL DECISION TO IMPOSE CONDITIONS REQUIRING CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION TO COMPLY WITH THE TERMS OF THE NEGOTIATED AGREEMENTS ENTERED INTO WITH THE VILLAGE OF LONG GROVE, ILL., AND VILLAGE OF SAUK, ILL.|
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|Full Text of Decision|
41068 SERVICE DATE – DECEMBER 20, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35087
CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION—CONTROL—EJ&E WEST COMPANY
Decision No. 25
Decided: December 17, 2010
Digest:  Canadian National Railway Company (CN) reached
agreements with the Village of Long Grove, Ill., and
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 agreements with Applicants. The Board indicated that the terms of any such agreements would be imposed as additional mitigation conditions in subsequent decisions, and that the terms of the negotiated agreements would be imposed 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), 20 (served October 19, 2009), 22 (served March 10, 2010), and 24 (served August 30, 2010), the Board modified the mitigation measures imposed in the Approval Decision to reflect negotiated agreements entered into with various communities in Illinois and Indiana.
CN has submitted new negotiated
agreements entered into with Village of Long Grove, Ill. (executed August 26,
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 the 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, 20, 22, and 24):
79. Applicants shall comply with the terms of the following negotiated agreements:
a. the negotiated agreement executed by the Village of Long Grove, Ill., and Applicants on August 26, 2010.
b. the negotiated
agreement executed by
3. 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 & Eastern Railway—Corporate Family Exemption—EJ&E West Co., FD 35087 (Sub-No. 1); Chicago, Central & Pacific Railroad—Trackage Rights Exemption—EJ&E West Co., FD 35087 (Sub-No. 2); Grand Trunk Western Railroad Inc.—Trackage Rights Exemption—EJ&E West Co., FD 35087 (Sub-No. 3); Illinois Central Railroad—Trackage Rights Exemption—EJ&E West Co., FD 35087 (Sub-No. 4); Wisconsin Central Ltd.—Trackage Rights Exemption—EJ&E West Co., FD 35087 (Sub‑No. 5); EJ&E West Co.—Trackage Rights Exemption—Chicago, Central & Pacific Railroad, FD 35087 (Sub-No. 6); and EJ&E West Co.—Trackage Rights Exemption—Illinois Central Railroad, FD 35087 (Sub-No. 7).
 The digest constitutes no part of the decision of the Board but has been prepared for the convenience of the reader. It may not be cited to or relied upon as precedent. Policy Statement of Plain Language Digests in Decisions, EP 696 (STB served Sept. 2, 2010).