[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27782-27783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12890]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32549 (Sub-No. 17)]
Keokuk Junction Railway--Trackage Rights and Terminal Access on
Certain Lines of Burlington Northern Railroad Company in Iowa,
Missouri, and Illinois
AGENCY: Interstate Commerce Commission.
ACTION: Decision No. 26; Notice of acceptance of responsive application
filed by Keokuk Junction Railway.
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SUMMARY: The Commission is accepting for consideration the application
filed by Keokuk Junction Railway (KJRY) for trackage rights and
terminal access over certain lines of Burlington Northern Railroad
Company (BN) in Iowa, Missouri, and Illinois. This application is
responsive to the primary application filed by BN and its corporate
parent, Burlington Northern Inc. (BNI), and The Atchison, Topeka and
Santa Fe Railway Company (Santa Fe) and its corporate parent, Santa Fe
Pacific Corporation (SFP), by which primary applicants BNI, BN, SFP,
and Santa Fe seek approval for BNI's acquisition of, control of, and
merger with SFP, the resulting common control of BN and Santa Fe by the
merged company, the consolidation of BN and Santa Fe railroad
operations, and the merger of BN and Santa Fe.
DATES: The effective date of this decision is May 25, 1995. Comments
regarding the KJRY responsive application must be filed with the
Commission by June 9, 1995. Rebuttal in support of the KJRY responsive
application must be filed by June 19, 1995. Briefs (not to exceed 50
pages) must be filed by June 29, 1995.
ADDRESSES: An original and 20 copies of all documents must refer to
Finance Docket No. 32549 (Sub-No. 17) and be sent to the Office of the
Secretary, Case Control Branch, Attn: Finance Docket No. 32549 (Sub-No.
17), Interstate Commerce Commission, 1201 Constitution Avenue, N.W.,
Washington, D.C. 20423. Parties are encouraged also to submit all
pleadings and attachments on a 3.5-inch diskette in WordPerfect 5.1
format.
In addition, one copy of all documents in this proceeding must be
served, by first class mail, on: the Secretary of the Department of
Transportation; the Attorney General of the United States;
Administrative Law Judge Jacob Leventhal, Federal Energy Regulatory
Commission, Office of Hearings, 825 North Capitol Street, N.E.,
Washington, D.C. 20426; Betty Jo Christian, Esq., Steptoe & Johnson,
1330 Connecticut Avenue, N.W., Washington, D.C. 20036-1795
(representing primary applicants BNI and BN); Erika Z. Jones, Esq.,
Mayer, Brown & Platt, 2000 Pennsylvania Avenue, N.W., Suite 6500,
Washington, D.C. 20006 (representing primary applicants SFP and Santa
Fe); and Robert A. Wimbish, Esq., Rea, Cross & Auchincloss, Suite 420,
1920 N Street, N.W., Washington, D.C. 20036 (representing responsive
applicant KJRY).
Furthermore, one copy of all documents in this proceeding must be
served, by first class mail, on all persons designated parties of
record [POR] on the Commission's service list, served on May 19, 1995.
FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 927-5352. [TDD for
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: By this responsive application, KJRY seeks
trackage rights and terminal access over certain BN lines in Iowa,
Missouri, and Illinois.
The sought trackage rights (for which KJRY envisions compensation
of not more than $0.40 per car mile) are: (1) unrestricted local
trackage rights on BN's Hannibal Subdivision between MP 177.9 at
Keokuk, IA, and MP 136.9 at West Quincy, MO, a distance of 41 miles,
with full right of interchange at West Quincy with the primary
applicants, Norfolk Southern Railway (NS), and Southern Pacific
Transportation Company (SPT); and (2) overhead trackage rights on BN's
Hannibal Subdivision from MP 136.9 at West Quincy to MP 94.1 at
Louisiana, MO, a distance of 42.8 miles, in order to interchange with
NS at Hannibal, MO, and with Gateway Western Railway at Louisiana, MO.
KJRY indicates, however, that it will not exercise the overhead
trackage rights south of West Quincy, as long as (a) NS retains
trackage rights through West Quincy to Quincy, IL, and continues to be
able to interchange with KJRY at either location as mutually
convenient, and (b) SPT and KJRY have a mutually satisfactory
interchange at West Quincy.
The sought terminal access consists of three requirements to be
imposed on BN: (1) A requirement that BN sell to KJRY at net liquidated
value (or going concern value, whichever is appropriate) all BN
terminal tracks and facilities in Keokuk including yard trackage,
buildings, and the Mooar Line (KJRY envisions that it will assume all
industrial switching in Keokuk currently provided by BN, and that it
will enter into a long-term contract with the primary applicants on
switch rates and service); (2) a requirement that BN absorb KJRY's
switch charges at a level no higher than BN's current switch charges in
Keokuk, subject to [[Page 27783]] inflationary adjustments; and (3) a
requirement that BN grant reciprocal switching access rights to KJRY at
Quincy, IL, limited to traffic originating or terminating on KJRY's
lines.
KJRY's responsive application substantially complies with the
applicable regulations, and it has therefore been accepted for
consideration by the Commission.
The responsive application and exhibits are available for
inspection in the Public Docket Room at the offices of the Commission
in Washington, D.C. In addition, they may be obtained upon request from
KJRY's representative named above.
This responsive application is consolidated for disposition with
the Finance Docket No. 32549 primary application (and all embraced
proceedings). Service of an initial decision will be waived, and
determination of the merits of the responsive application will be made
in the first instance by the entire Commission. 49 U.S.C. 11345(f).
Interested persons may participate formally by submitting written
comments regarding the responsive application, subject to the filing
and service requirements specified above. Such comments (referred to as
``responses'' in the procedural schedule) should indicate the exact
proceeding designation and should be filed with the Commission by June
9, 1995. Comments shall include the following: the commenter's position
in support of or in opposition to the proposed transaction; any and all
evidence, including verified statements, in support of or in opposition
to the proposed transaction; and specific reasons why approval would or
would not be in the public interest. Interested persons who do not
intend to participate formally in the proceeding but who desire to
comment may also file statements, also subject to the filing and
service requirements specified above. Persons must state specifically
whether they intend to participate actively in the proceeding or
whether they wish only to be advised of all decisions issued by the
Commission. Failure to state an intention to participate as an active
party will result in the person being placed in the latter category.
Because KJRY's responsive application contains proposed conditions
to approval of the primary application in Finance Docket No. 32549, the
Commission will entertain no requests for affirmative relief to this
proposal. Parties may only participate in direct support of or direct
opposition to KJRY's responsive application as filed.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: May 17, 1995.
By the Commission, Chairman Morgan, Vice Chairman Owen, and
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.
[FR Doc. 95-12890 Filed 5-24-95; 8:45 am]
BILLING CODE 7035-01-P