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10/25/2004



Rail News: Rail Industry Trends

STB hands out six decisions at open voting conference



Last week, the Surface Transportation Board issued six decisions at an open voting conference.

Board members voted unanimously to:
• modify prior decisions in three rail-rate cases — Duke Energy Corp. vs. Norfolk Southern Corp., Duke vs. CSX Transportation, and Carolina Power & Light Co. vs. NS — and determine that none of the challenged rates were proven to be unreasonable under the STB's "stand-alone cost" test;
• conclude a five-year oversight period, terminate reporting requirements and deny various relief requests tied to CSXT's and NS' Conrail split;
• deny CSXT' motion to dismiss HolRail L.L.C.'s exemption petition seeking authority to construct a two-mile line in Orangeburg and Dorchester counties, S.C.;
• deny MVC Transportation L.L.C.'s petition seeking resolution in a Pennsylvania court of an ownership dispute over rail-yard track assets;
• deny Tongue River Railroad Co. Inc.'s petition to reconsider an earlier decision concerning authority to construct and operate a line segment in Montana; and
• grant Lake Superior & Ishpeming Railroad Co.'s petition to reconsider a decision under which the STB denied an exemption from prior-approval requirements concerning the proposed abandonment of a line in Marquette County, Mich.


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