27784 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Notices

1SPS/TUCO 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 carrierspecific, trackage rights issues in a ‘‘follow-up

proceeding.’’ (SPST–11, at 3–4.)

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

[Finance Docket No. 32549 (Sub-No. 14)]

Southwestern Public Service Company

and Tuco Inc.—Trackage Rights Over

Lines of Burlington Northern Railroad

Company and The Atchison, Topeka

and Santa Fe Railway Company

AGENCY: Interstate Commerce

Commission.

ACTION: Decision No. 23; Notice of

acceptance of responsive application

filed by Southwestern Public Service

Company and Tuco Inc.

SUMMARY: The Commission is accepting

for consideration the application filed

by Southwestern Public Service

Company and Tuco Inc. (SPS/TUCO) for

trackage rights over lines of The

Atchison, Topeka and Santa Fe Railway

Company (Santa Fe), and to the extent

appropriate or necessary, the lines of

Burlington Northern Railroad Company

(BN). This application is responsive to

the primary application filed by 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 SPS/TUCO responsive

application must be filed with the

Commission by June 9, 1995. Rebuttal in

support of the SPS/TUCO 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. 14) and be

sent to the Office of the Secretary, Case

Control Branch, Attn: Finance Docket

No. 32549 (Sub-No. 14), 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 C. Michael Loftus, Esq., Slover &

Loftus, 1224 Seventeenth Street, N.W.,

Washington, D.C. 20036 (representing

responsive applicant SPS/TUCO).

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, SPS/TUCO

seeks overhead trackage rights on behalf

of a rail carrier(s) unaffiliated with the

primary applicants over approximately

441 miles of lines of Santa Fe (and to

the extent appropriate or necessary, the

lines of BN) for the movement of coal

trains between Pueblo, CO, and SPS’

coal-fired, electric generating facilities

known as the Tolk Station, located near

Muleshoe or Mill, TX, via Amarillo, TX,

and Hereford, TX, with the right to serve

SPS’ coal-fired, electric generating

facilities known as the Harrington

Station, located at Amarillo, TX.

SPS/TUCO’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, D.C. In

addition, they may be obtained upon

request from SPS/TUCO’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
Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Notices 27785

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 SPS/TUCO’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

SPS/TUCO’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. 95–12887 Filed 5–24–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32549 (Sub-No. 16)]

Western Fuels Service Corp.—

Trackage Rights Over The Atchison,

Topeka and Santa Fe Railway

Company Between Denver, CO, and

Holcomb, KS

AGENCY: Interstate Commerce

Commission.

ACTION: Decision No. 25; notice of

acceptance of responsive application

filed by Western Fuels Service Corp.

SUMMARY: The Commission is accepting

for consideration the application filed

by Western Fuels Service Corp. (WFSC)

for trackage rights over lines of The

Atchison, Topeka and Santa Fe Railway

Company (Santa Fe) in Colorado and

Kansas. 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 WFSC responsive

application must be filed with the

Commission by June 9, 1995. Rebuttal in

support of the WFSC 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. 16) and be

sent to the Office of the Secretary, Case

Control Branch, Attn: Finance Docket

No. 32549 (Sub-No. 16), 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 Peter Glaser, Esq., Doherty, Rumble

and Butler, P.C., 1625 M Street, N.W.,

Washington, D.C. 20036 (representing

responsive applicant WFSC).

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, WFSC seeks

trackage rights over approximately 326

miles of Santa Fe’s lines between

Denver, CO, and Holcomb, KS, from the

BN Yard at Denver, CO (BN MP 541.2)

to the Santa Fe Yard at Pueblo, CO

(Santa Fe MP 733.4) to the Sunflower

Electric Station (also known as Holcomb

Station) at Holcomb, KS (Santa Fe MP

407.4). WFSC is a wholly owned

subsidiary of Western Fuels

Association, Inc. (WFA), a non-profit

fuel supply cooperative corporation

whose member-owners are municipally

and cooperatively owned electric

utilities located in the Rocky Mountain

West, the Midwest, the Southwest, and

Louisiana. Sunflower Electric Station is

a coal-burning electric generating

facility owned by Sunflower Electric

Power Corporation, a WFA member.

The trackage rights sought by WFSC are

intended to be used for the

transportation of coal moving to

Sunflower Electric Station.

WFSC’s responsive application

substantially complies with the

applicable regulations, and it has

therefore been accepted for

consideration by the Commission.

WFSC maintains, and we agree, that the

trackage rights sought in its responsive

application constitute a minor

transaction. See 49 CFR 1180.2(b) (a

transaction is minor if it does not

involve the control or merger of two or

more class I railroads and if it clearly

will not have any anticompetitive

effects).

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 WFSC’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