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STB

STB’s Mulvey Appoints Attorney-Advisor

WASHINGTON — Surface Transportation Board Chairman Francis P. Mulvey announced his appointment of Anika Sanders Cooper as his attorney-advisor. Cooper joins Mulvey’s staff of Jamie P. Rennert, chief of staff; and Judith A. Leader, special assistant. Both Rennert and Leader served Mulvey during his prior positions as Board Member and Vice Chairman. Since August 2006, Cooper has served as an attorney in the Board’s Office of the General Counsel.  Before joining the agency, she served as an Assistant Attorney General in the Office of the Attorney General for the District of Columbia in the area of civil antitrust enforcement (2003-06). 

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Legislation

Obama Appoints New STB Chairman

WASHINGTON — The Surface Transportation Board announced that Francis P. Mulvey has been designated Acting Chairman of the agency by President Barack Obama, succeeding former Board Chairman Charles D. Nottingham. The announcement follows the Board’s receipt of an official order signed by the President on March 12 and delivered to the Board the following day. “I am honored to receive this designation by President Obama, and I look forward to serving the Board and the public in this capacity,” Mulvey said. “I believe that my long record of public service, especially in the transportation area, qualifies me for the work

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Norfolk Southern

$87M Rail Investment Coming to Upstate New York, New England

NORFOLK, Va. — The STB’s approval of Pan Am Railways’ (PAR) and Norfolk Southern’s proposed Pan Am Southern joint venture clears the way for more than $87 million in rail infrastructure investment designed to significantly enhance the service capabilities and commercial offerings that NS and PAR provide in upstate New York and New England, the railroads said. “Pan Am Southern will bring immediate benefits to shippers doing business in upstate New York and New England,” said David Fink, Pan Am Railways’ president. “The Patriot Corridor will revitalize freight rail in the region, reducing highway congestion and improving air quality.” “Both

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Norfolk Southern

STB: Pan Am Southern Ownership OK

WASHINGTON — The Surface Transportation Board approved the joint control and ownership of Pan Am Southern LLC, a new railroad carrier, by the Norfolk Southern Railway, Pan Am Railways Inc. (PARI), and two of PARI’s rail subsidiaries, the Boston and Maine Corp. and the Springfield Terminal Railway Co. The ownership is subject to Board-imposed conditions. In reaching its decision, the Board found that the control transaction, along with its related operational agreements, should produce substantial transportation benefits to the New England region of the United States. PAS will operate approximately 437 miles of track, including an east-west  section called the

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STB

STB Seeking Public Comment on UP Request for Declaratory Order

WASHINGTON — The Surface Transportation Board has instituted a proceeding and invites public comment on a Union Pacific petition for a declaratory order. In its petition, UP requests that the Board determine the extent of the common carrier obligation to quote rates for new, lengthy movements of chlorine, a toxic inhalation hazard (TIH). The chlorine movements at issue would average 1,900 miles in distance and travel through two High Threat Urban Areas and several other large cities. UP declined to quote rates for these movements pending the outcome of this proceeding. UP believes the risk of potential exposure from long-distance

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STB

Buttrey’s Term on STB to End

WASHINGTON — Surface Transportation Board Commissioner W. Douglas Buttrey announced that he will conclude his term on the Board on March 13. Buttrey was nominated to serve on the Board by President George W. Bush on Nov. 17, 2003, for a five-year term expiring Dec. 31, 2008. On Aug. 28, 2008, Buttrey announced that he would hold over for a period into 2009 for the Board to complete certain pending matters.  The Board’s governing statute permits a Board member to serve for up to one year after the end of the Member’s term, unless a successor is appointed. Since Buttrey’s

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BNSF

STB Orders $345M in Rate Relief

WASHINGTON — The Surface Transportation Boardgranted an estimated $345 million in reparations and rate reductions from the BNSF Railway (BNSF) to Western Fuels Association, Inc. and Basin Electric Power Cooperative Inc. The Utilities had challenged the railroad transportation rates charged by BNSF to haul 8 million tons of coal each year from mines in Wyoming’s Powder River Basin to their electric-generating plant in Moba Junction, Wyo., the STB said. The utility plant is captive to BNSF and provides electricity into grids serving consumers in Colorado, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Dakota, and Wyoming, the STB said.

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Amtrak

STB Announces Speakers Lineup

WASHINGTON — The Surface Transportation Board provided a schedule of speakers’ appearances and their time allocations for the Board’s Feb. 11 public hearing on the Board’s new responsibilities under the recently passed Passenger Rail Investment and Improvement Act of 2008. The Act enhances the Board’s role with regard to Amtrak and its relationships with commuter rail operators, host railroads, states and the public.

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STB

STB: New Method for Calculating Railroad Industry Cost of Capital

WASHINGTON — the Surface Transportation Board issued its final decision revising its method for calculating the railroad industry’s cost of capital. The Board adopts a simple average of a Capital Asset Pricing model (CAPM) and a multi-stage Discounted Cash Flow (DCF) model to calculate the cost of equity—one component of the cost of capital. The Board concludes that this methodology will yield a more precise determination than relying on CAPM alone. In January 2008, the Board replaced its single-stage DCF model with a CAPM model. During the CAPM rulemaking process, several parties urged the Board to use a multi-stage DCF

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Legislation

STB Asks for Comments on Clean Railroads Act of 2008

WASHINGTON — The Surface Transportation Board issued a Notice of Proposed Rulemaking requesting comments on proposed rules to implement The Clean Railroads Act of 2008 (Pub. L. No. 110-432), concerning solid waste rail transfer facilities. The proposed rules also will serve as interim rules until completion of the rulemaking proceeding. The Clean Railroads Act, enacted in October 2008, adds new sections 10908-10 to Title 49 of the United States Code.  Those sections limit the Board’s authority related to solid waste rail transfer facilities and expand the authority of states to regulate these facilities. The proposed rules address such topics as