|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|E.I. DUPONT DE NEMOURS AND COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY|
|Director Of Proceedings|
|DECISION: (1) MADE TECHNICAL CORRECTIONS TO THE FINAL MERITS DECISION SERVED ON MARCH 24, 2014; (2) ADDED A PUBLIC VERSION OF THE MARKET DOMINANCE APPENDIX TO THE MERITS DECISION; (3) MADE SEVERAL GRAMMATICAL AND FORMATTING CHANGES TO THE MERITS DECISION; AND (4) ESTABLISHED A DEADLINE FOR THE FILING OF PETITIONS FOR RECONSIDERATION.|
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|Full Text of Decision|
SERVICE DATE -APRIL 30, 2014
SURFACE TRANSPORTATION BOARD DECISION
Docket No. NOR 42125
E.I. DUPONT DE NEMOURS AND COMPANY v.
NORFOLK SOUTHERN RAILWAY COMPANY
Decided: April 30, 2014
On March 24, 2014, the Board served the final merits decision (Merits Decision) in this proceeding regarding the challenge by E.I. du Pont de Nemours and Company (DuPont) to the reasonableness of rates established by Norfolk Southern Railway Company (NS). Petitions for reconsideration typically are due within 20 days of a final decision. 49 C.F.R. § 1115.3(e). However, on March 31, 2014, DuPont filed a motion for extension of time to file petitions for reconsideration on the basis of certain technical errors in the Merits Decision. NS filed a reply in support of DuPont's motion on April 2, 2014.
In a decision served on April 11, 2014, the Board tolled the deadline for filing petitions for reconsideration and instructed the parties to file a joint petition to correct technical errors in accordance with the procedure set forth in Public Service Co. of Colorado d/b/a Xcel Energy v. Burlington Northern & Santa Fe Railway, 7 S.T.B. 1029, 1029-30 (2004). DuPont and NS submitted a joint petition to correct technical errors on April 14, 2014.
The Board will issue a decision correcting technical errors. Petitions for reconsideration of the Merits Decision and the decision correcting technical errors will be due 20 days from the effective date of the latter decision.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. Petitions for reconsideration will be due 20 days from the effective date of the decision correcting technical errors.
2. This decision is effective on the date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings