|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 (APPROVAL DECISION), IN THIS PROCEEDING TO IMPOSE CONDITIONS REQUIRING APPLICANTS TO COMPLY WITH THE TERMS OF THE NEWLY NEGOTIATED AGREEMENT WITH BARRINGTON HILLS, ILL. IN ADDITION, THIS DECISION MODIFIED CONDITION NO. 18 OF THE APPROVAL DECISION TO REQUIRE INSTALLATION OF THE NEW ACTIVE CROSSING SYSTEM TO REPLACE THE CLOSED-CIRCUIT TELEVISION SYSTEM AT SPECIFIC AT-GRADE CROSSINGS IN CERTAIN COMMUNITIES TO ASSIST EMERGENCY SERVICE PROVIDERS.|
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|Full Text of Decision|
40839 SERVICE DATE – AUGUST 30, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35087
CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION—CONTROL—EJ&E WEST COMPANY
Decision No. 24
Decided: August 27, 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 this decision, the Board reopens the Approval Decision for the limited purposes of imposing the terms of a newly negotiated agreement and modifying the mitigation provisions in Condition No. 18.
Negotiated Agreement with
CN has submitted a new negotiated agreement entered into with the Village of Barrington Hills, Ill. (executed May 1, 2010). Accordingly, we will reopen the Approval Decision to impose upon CN a condition requiring them to comply with the terms of this new agreement. There are no existing site-specific conditions that pertain to Barrington Hills.
Modification of Condition No. 18. In the Approval Decision, the Board
imposed mitigation (Condition No. 18) requiring CN to install closed-circuit
television (CCTV) systems with video cameras to facilitate emergency service
response at specific locations in
By petition filed on April 23, 2010, CN seeks to reopen the Approval Decision for the limited purpose of modifying Condition No. 18 to require the use of the Active Crossing System (ACS), an alternative system developed by CN, in lieu of the CCTV system. The ACS, according to CN, is a web-based, password-controlled system, designed to assist emergency responders in obtaining information instantly. CN submits that ACS is a superior system and provides more dependable, useful information than what a CCTV system can provide.
CN states that, as part of its
coordination efforts, it has met with representatives of the affected
communities and discussed the merits of ACS as an alternative to the CCTV
system. CN has also offered to maintain
ACS after it has been installed, thus relieving communities of the requirement,
under Condition No. 18, to maintain and operate the system after installation. CN notes that
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 agreement, 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, and 22):
78. Applicants shall comply with the terms of the following negotiated agreement:
a. the negotiated agreement executed by Village of Barrington Hills, Ill., and Applicants on May 1, 2010.
3. Applicants’ petition is granted to modify Condition No. 18 of Appendix A of the Approval Decision, to require installation of ACS to replace the CCTV system at specific at-grade crossings in certain communities to assist emergency service providers. Condition No. 18 is modified as follows:
1) In addition to VM 42, to further assist with the timely response of the emergency service providers listed in Table ES- 1 below, Applicants shall consult with all appropriate agencies to implement an Active Crossing System (ACS) so that the movement of trains can reasonably be predicted at the highway/rail at-grade crossings listed in Table ES-1. Applicants shall pay for the necessary equipment, the installation of the equipment, and equipment training for up to two individuals for each emergency service provider listed in Table ES-1 below. Applicants shall work with all appropriate agencies to determine specifications and scheduling for the installation of the ACS system. Applicants shall be responsible for the ongoing maintenance and operation of ACS after the system is installed and operational.
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 & Eastern Railway—Corp. 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).
 CN Pet. 3.
 CN previously reached negotiated agreements with West Chicago, Ill., Village of Lake Zurich, Ill., and Village of Plainfield, Ill., the 3 other communities originally listed in Condition No. 18. Those communities thus were removed from Condition No. 18’s coverage. See Canadian Nat’l Ry.—Control—EJ&E W. Co., FD 38087, et al. (STB served Mar. 10, 2010) and Canadian Nat’l Ry.—Control—EJ&E W. Co., FD 38087, et al. (STB served Aug. 5, 2009).