SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_35743_0

Case Title:  
APPLICATION OF THE NATIONAL RAILROAD PASSENGER CORPORATION UNDER 49 U.S.C. § 24308(a) – CANADIAN NATIONAL RAILWAY COMPANY

Decision Type:  
Decision

Deciding Body:  
Administrative Law Judge

    Decision Summary

Decision Notes:  
DECISION: (1) SCHEDULED AN ORAL ARGUMENT ON GRAND TRUNK RAILWAY COMPANY AND ILLINOIS CENTRAL RAILWAY COMPANY’S MOTION TO COMPEL FOR JANUARY 23, 2017, AT 10:00 A.M. IN A HEARING ROOM TO BE DESIGNATED AT THE FEDERAL ENERGY REGULATORY COMMISSION; AND (2) DIRECTED ALL PARTIES TO THE DISCOVERY DISPUTES TO ATTEND.

    Decision Attachments

154 KB


Approximate download time at 28.8 kb: 80 Seconds

Note:
If you do not have Acrobat Reader, or if you have problems reading our files with your current version of Acrobat Reader, the latest version of Acrobat Reader is available free at www.adobe.com.

    Full Text of Decision

45621                                    SERVICE DATE - JANUARY 4, 2017

ALJ

SURFACE TRANSPORTATION BOARD

ORDER OF PRESIDING ADMINISTRATIVE LAW JUDGE SCHEDULING ORAL ARGUMENT

Docket No. FD 35743

 APPLICATION OF THE NATIONAL RAILROAD PASSENGER CORPORATION UNDER 49 U.S.C. § 24308(a) – CANADIAN NATIONAL RAILWAY COMPANY

Decided:  January 3, 2017

On December 12, 2016, pursuant to 49 C.F.R. § 1114.31(a), Grand Trunk Railway Company and Illinois Central Railway Company (collectively, CN) filed a Motion to Compel the National Railroad Passenger Corporation (Amtrak) to provide a complete response to CN’s Interrogatory No. 8 in CN’s Second Set of Discovery Requests.  On December 19, 2016, Amtrak filed a reply in opposition to CN’s Motion to Compel.   

The Board has signed a Memorandum of Understanding with the Federal Energy Regulatory Commission (FERC) to employ the services of FERC administrative law judges (ALJs) on a case-by-case basis to perform discrete, Board-assigned functions such as adjudicating discovery disputes between parties in cases pending before the Board.

Notwithstanding the scheduling of the Oral Argument ordered below, the parties are strongly encouraged to make intensive, good faith efforts to resolve outstanding discovery disputes without the need for judicial intervention, both prior to the Oral Argument and thereafter.  Any questions pertaining to this discovery proceeding should be direct to Judge Dring’s law clerk, Carlos Clemente, who may be contacted at (202) 502-8392 or Carlos.Clemente@ferc.gov.

It is ordered:

1.  An Oral Argument on CN’s Motion to Compel is scheduled for January 23, 2017, at 10:00 a.m. in a hearing room to be designated at the Federal Energy Regulatory Commission.  This conference will be held on the record.  All parties to the discovery disputes are directed to attend.

2.  This decision is effective on its service date.

By the Board, John P. Dring, Administrative Law Judge.