[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27783-27784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12891]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32549 (Sub-No. 18)]


Seagraves, Whiteface and Lubbock Railroad Co.--Trackage Rights 
Over Lines of The Atchison, Topeka and Santa Fe Railway Company Between 
Lubbock and Sweetwater, TX, and Other Conditions

AGENCY: Interstate Commerce Commission.

ACTION: Decision No. 27; Notice of acceptance of responsive application 
filed by Seagraves, Whiteface and Lubbock Railroad Co.

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SUMMARY: The Commission is accepting for consideration the application 
filed by Seagraves, Whiteface and Lubbock Railroad Co. (SWGR) for 
trackage rights over lines of The Atchison, Topeka and Santa Fe Railway 
Company (Santa Fe) between Lubbock and Sweetwater, TX, and other 
conditions. 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 SWGR responsive application must be filed with the 
Commission by June 9, 1995. Rebuttal in support of the SWGR 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. 18) and be sent to the Office of the 
Secretary, Case Control Branch, Attn: Finance Docket No. 32549 (Sub-No. 
18), 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 Robert A. 
Wimbish, Esq., Rea, Cross & Auchincloss, Suite 420, 1920 N Street, NW., 
Washington, DC 20036 (representing responsive applicant SWGR).
    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, SWGR seeks 
unrestricted overhead trackage rights on Santa Fe's Lubbock and Slaton 
Subdivisions between Lubbock and Sweetwater, TX, a distance of 67 
miles, with unrestricted interchange rights with Union Pacific Railroad 
Company at Sweetwater. SWGR also seeks the following additional 
conditions: (a) The elimination of Santa Fe's $75 per car each way 
reciprocal switch charge for each railcar interchanged between SWGR and 
BN at Santa Fe's Lubbock rail yard; (b) the continuation of revenue 
divisions on movements over BN lines; (c) the enforcement of current 
contractual obligations between SWGR and BN and between SWGR and Santa 
Fe; and (d) a requirement that a commonly controlled BN/Santa Fe 
provide SWGR with the same car supply that BN and Santa Fe each provide 
today.
    SWGR'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 
[[Page 27784]] the Commission in Washington, DC In addition, they may 
be obtained upon request from SWGR'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 SWGR'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 SWGR'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. 95-12891 Filed 5-24-95; 8:45 am]
BILLING CODE 7035-01-P