BNSF Railway has filed a petition with the Surface Transportation Board, requesting the immediate review and enforcement of conditions imposed during the Union Pacific and Southern Pacific merger nearly 30 years ago.
The petition seeks to address what the railroad says is UP’s longstanding pattern of obstructive conduct that has eroded competition and harmed customers.
Since the UP/SP merger of 1996, BNSF said that UP has repeatedly resisted efforts to preserve competitive rail service, despite conditions established by the STB to protect shippers. BNSF has worked diligently to uphold these rights through negotiations, oversight, and formal petitions, yet UP’s obstruction has left many customers with fewer service options than before the merger.
“With UP now proposing another unprecedented merger, this time with Norfolk Southern, the stakes for shippers nationwide could not be higher,” said BNSF Executive Vice President and Chief Legal Officer Jill Mulligan. “Before considering any new consolidation, we ask the board to ensure the commitments made during the UP/SP merger are honored, and that competition is, at a minimum, preserved as required under the prior merger standards.”
BNSF’s petition asks the STB to review the implementation of UP/SP merger conditions, enforce the rights granted to BNSF to maintain competitive access for shippers, and modify conditions as necessary to prevent further harm and uphold the public interest.
Additionally, BNSF wants the board enter a procedural schedule allowing all parties to fully develop the record for the board’s review.
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