41954 - Decision

SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
Decision Information

Docket Number:	FD_35517_0

Case Title:	CF INDUSTRIES, INC. v. INDIANA & OHIO RAILWAY, POINT COMFORT AND NORTHERN RAILWAY, AND THE MICHIGAN SHORE RAILROAD--PETITION FOR DECLARATORY ORDER

Decision Type:	Decision

Deciding Body:	Director Of Proceedings

Decision Summary

Decision Notes:	DECISION PROVIDED NOTICE TO THE PARTIES THAT A SERVICE LIST HAS BEEN COMPILED FROM NOTICES OF INTENT TO PARTICIPATE SUBMITTED IN THIS PROCEEDING.


Decision Attachments


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Full Text of Decision

XXXX 41954 SERVICE DATE – OCTOBER 25, 2011 DO SURFACE TRANSPORTATION BOARD DECISION Docket No. FD 35517 CF INDUSTRIES, INC. v. INDIANA & OHIO RAILWAY, POINT COMFORT AND NORTHERN RAILWAY, AND THE MICHIGAN SHORE RAILROAD—PETITION FOR DECLARATORY ORDER October 24, 2011 NOTICE TO THE PARTIES: The attached service list has been compiled from notices of intent to participate submitted in accordance with the procedural schedule in the decision served on September 30, 2011, and the notice published in the Federal Register on October 6, 2011 (76 Fed. Reg. 62,149). Each person actively participating as a Party of Record (POR) in this proceeding must, by November 4, 2011, serve a copy of all filings submitted so far in this proceeding on each POR (designated on the attached service list as “Party of Record”) to the extent such filings have not previously been served upon such other parties.[1] Each POR also will be required to file with the Board, by November 4, 2011, a certificate of service, indicating that the service required by the preceding sentence has been accomplished. Any filing submitted in this proceeding must be submitted either via the Board’s e-filing process or in the traditional paper format. Any person using e-filing should attach a document and otherwise comply with the instructions at the E-FILING link on the Board’s website at http://www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies (and also an electronic version), referring Docket No. FD 35517, to: Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001. Every filing made by a POR after the service date of this Notice must have its own certificate of service indicating that all PORs on the service list have been served with a copy of the filing. All persons on the attached service list should review the list and determine whether information about their address and status (as a POR or Non-Party) is correct. The list reflects the Board’s policy of allowing only one official representative per party to be placed on the service list as a POR. In this proceeding, if a request was made in the notice of intent to participate to have more than one name added to the service list as a POR representing a particular entity, the extra name was added to the service list as a “Non-Party.” Any person designated as a Non-Party will receive copies of Board decisions, orders, and notices but not copies of official filings. Persons seeking to change their status must accompany that request with a written certification that he or she has complied with the service requirements set forth at 49 C.F.R. § 1104.12, and any other requirements set forth in this Notice. Requests to change or correct service list information, or to be deleted from the service list, must be filed in writing with the Board by November 1, 2011. Parties must submit such requests either via the Board’s e-filing format or in the traditional paper format (an original plus 10 copies). Requests submitted in the paper format should refer to Docket No. FD 35517. By the Board, Rachel D. Campbell, Director, Office of Proceedings. SERVICE LIST PARTY OF RECORD Keith T. Borman Vice President & General Counsel American Short Line and Regional Railroad Association 50 F Street, N.W. Suite 7020 Washington, DC 20001 kborman@aslrra.org PARTY OF RECORD Paul M. Donovan LaRoe, Winn, Moerman & Donovan 1250 Connecticut Avenue, N.W. Suite 200 Washington, DC 20036 paul.donovan@laroelaw.com Represents: American Chemistry Council, The Chlorine Institute, Inc., The Fertilizer Institute, PPG Industries, Inc., and Arkema Inc. PARTY OF RECORD Louis E. Gitomer Law Offices of Louis E. Gitomer 600 Baltimore Avenue Suite 301 Towson, MD 21204 Lou@lgraillaw.com Represents: Indiana & Ohio Railway Company, Point Comfort and Northern Railway Company, Michigan Shore Railroad, Inc., Alabama Gulf Coast Railway LLC, and RailAmerica, Inc. PARTY OF RECORD Patrick E. Groomes Fulbright & Jaworski, L.L.P. 801 Pennsylvania Avenue, N.W. Washington, DC 20004-2623 pgroomes@fulbright.com Represents: CF Industries, Inc. PARTY OF RECORD Paul R. Hitchcock Associate General Counsel CSX Transportation J-150 500 Water St. Jacksonville, FL 32223 Paul_Hitchcock@CSX.com PARTY OF RECORD Jeffrey O. Moreno Thompson Hine LLP 1920 N Street, N.W. Suite 800 Washington, DC 20036 jeff.moreno@thompsonhine.com Represents: American Chemistry Council, The Chlorine Institute, Inc., The Fertilizer Institute, PPG Industries, Inc., and The Dow Chemical Company PARTY OF RECORD Michael L. Rosenthal Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 mrosenthal@cov.com Represents: Union Pacific Railroad Company PARTY OF RECORD John M. Scheib Norfolk Southern Corporation Law Department Three Commercial Place Norfolk, VA 23510-9241 john.scheib@nscorp.com PARTY OF RECORD Louis P. Warchot Association of American Railroads 425 Third Street, S.W. Washington, DC 20024 lwarchot@aar.org NON-PARTY Kenneth G. Charron RailAmerica, Inc. Alabama Gulf Coast Railway LLC 7411 Fullerton Street, Suite 300 Jacksonville, FL 32256 NON-PARTY William J. Hamel Senior Vice President and General Counsel Arkema Inc. 900 First Avenue King of Prussia, PA 19406 William.hamel@arkema.com NON-PARTY Michael F. McBride Van Ness Feldman 1050 Thomas Jefferson Street, N.W. Washington, DC 20007-3877 mfm@vnf.com Represents: Edison Electric Institute NON-PARTY Jason D. Tutrone Thompson Hine LLP 1920 N Street, N.W. Suite 800 Washington, DC 20036 jason.tutrone@thompsonhine.com Represents: The Dow Chemical Company NON-PARTY Scott G. Williams RailAmerica, Inc. Alabama Gulf Coast Railway LLC 7411 Fullerton Street, Suite 300 Jacksonville, FL 32256 [1] Service may be made by e-mail if service by e-mail is acceptable to the recipient. Parties with e-mail addresses listed below are assumed to accept e-mail service unless they notify the Board otherwise.