[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27781-27782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12886]



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INTERSTATE COMMERCE COMMISSION
[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.

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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,<SUP>1 and it has therefore been accepted for 
consideration by the Commission.

    \1\ HL&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.)
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    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. [[Page 27782]] 
    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