Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Notices 27781

1HL&P states that it recognizes that, because it is

not an ‘‘applicant carrier’’ as defined by 49 CFR

1180.3(b), applicant carriers who may receive such

requested trackage rights as a result of this

responsive application will necessarily have to

resolve carrier-specific, trackage rights issues in a

‘‘follow-up proceeding.’’ (HLP–12, at 3–4.)

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 GNBC’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

GNBC’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. 95–12888 Filed 5–24–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32549 (Sub-No. 13)]

Houston Lighting and Power

Company; Trackage Rights Over Lines

of The Atchison, Topeka and Santa Fe

Railway Company in Texas

AGENCY: Interstate Commerce

Commission.

ACTION: Decision No. 22; Notice of

acceptance of responsive application

filed by Houston Lighting and Power

Company.

SUMMARY: The Commission is accepting

for consideration the application filed

by Houston Lighting and Power

Company (HL&P) for trackage rights

over lines of The Atchison, Topeka and

Santa Fe Railway Company (Santa Fe)

between Rosenberg, TX, and Smithers

Lake, TX, and/or between Sealy, TX,

and Smithers Lake, TX. This application

is responsive to the primary application

filed by Burlington Northern Railroad

Company (BN) and its corporate parent,

Burlington Northern Inc. (BNI), and

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 HL&P responsive

application must be filed with the

Commission by June 9, 1995. Rebuttal in

support of the HL&P 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. 13) and be

sent to the Office of the Secretary, Case

Control Branch, Attn: Finance Docket

No. 32549 (Sub-No. 13), Interstate

Commerce Commission, 1201

Constitution Avenue, NW., Washington,

DC 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, NE.,

Washington, DC 20426; Betty Jo

Christian, Esq., Steptoe & Johnson, 1330

Connecticut Avenue, NW., Washington,

DC 20036–1795 (representing primary

applicants BNI and BN); Erika Z. Jones,

Esq., Mayer, Brown & Platt, 2000

Pennsylvania Avenue, NW., Suite 6500,

Washington, DC 20006 (representing

primary applicants SFP and Santa Fe);

and C. Michael Loftus, Esq., Slover &

Loftus, 1224 Seventeenth Street, NW.,

Washington, DC 20036 (representing

responsive applicant HL&P).

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, HL&P seeks

trackage rights over certain lines of

Santa Fe between Rosenberg, TX, and

Smithers Lake, TX, and/or between

Sealy, TX, and Smithers Lake, TX.

Specifically, HL&P seeks overhead

trackage rights on behalf of a rail

carrier(s) unaffiliated with the primary

applicants over a 47.2-mile Santa Fe

line for the movement of coal trains

between milepost 94.6, at Sealy, TX,

and Smithers Lake, TX, where HL&P’s

coal-fired electric generating facility

known as the W.A. Parish Electric

Generating Station (Parish Station) is

located. HL&P also seeks, instead of or

in addition to its first request, overhead

trackage rights on behalf of a rail

carrier(s) unaffiliated with the primary

applicants over an 18.8-mile Santa Fe

line for the movement of coal trains

between milepost 66.2, at Rosenberg,

TX, and Smithers Lake, TX, where the

Parish Station is located. HL&P asserts

that the requested trackage rights would

serve to maintain existing rail

competition that would be eliminated if

the Commission approves the proposed

BN/Santa Fe merger.

HL&P’s responsive application

substantially complies with the

applicable regulations,1 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, DC. In

addition, they may be obtained upon

request from HL&P’s representative

named above.
27782 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Notices

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 HL&P’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

HL&P’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. 95–12886 Filed 5–24–95; 8:45 am]

BILLING CODE 7035–01–P

[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.

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