SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_36131_0

Case Title:  
UTAH CENTRAL RAILWAY COMPANY LLC. V. KENCO LOGISTICS SERVICES, LLC, AND KENCO GROUP AND SPECIALIZED RAIL SERVICE, INC.- PETITION FOR DECLARATORY ORDER

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION INSTITUTED A DECLARATORY ORDER PROCEEDING AND GRANTED THE PARTIES' JOINT MOTION FOR PROCEDURAL SCHEDULE FILED IN THIS PROCEEDING.

    Decision Attachments

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    Full Text of Decision

46207 SERVICE DATE – LATE RELEASE DECEMBER 14, 2017

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. FD 36131

 

Utah Central Railway Company, LLC v. Kenco Logistics Services, LLC; Kenco Group; and Specialized Rail Service, Inc.—petition for declaratory order

 

Decided: December 14, 2017

 

Upon referrals from the court in two cases before the United States District Court for the District of Utah, Northern Division, Utah Central Railway Company, LLC (UCRY), filed this case with the Board on June 27, 2017. UCRY requests that the Board issue a declaratory order in its favor regarding unpaid demurrage charges assessed to Kenco Logistics Services, LLC, and Kenco Group (collectively “Kenco”); and Specialized Rail Service, Inc. (SRS). On September 14, 2017, SRS and Kenco filed replies.

 

On October 26, 2017, the parties jointly filed a proposed procedural schedule. By decision served on November 27, 2017, the Board directed the parties to confer on the possibility of mediation or arbitration. On December 12, 2017, the parties notified the Board that they conferred but could not agree to arbitrate or mediate.

 

The Board has discretionary authority under 5 U.S.C. 554(e) and 49 U.S.C. 1321 to issue a declaratory order to terminate a controversy or to remove uncertainty. Petitions for issuance of a declaratory order premised on a court referral are routinely accepted. Delegation of Auth.—Declaratory Order Proceedings, 5 I.C.C.2d 675, 676 (1989).

 

These matters have been referred by a court of competent jurisdiction and otherwise appear to be within the Board’s primary jurisdiction. Pursuant to the Board’s authority under  554(e) and  1321, a proceeding will be instituted to resolve the controversies at issue here. The Board will consider these matters under the modified procedure rules at 49 C.F.R. part 1112.

 

The parties’ proposed procedural schedule is based on the service date of the Board’s decision granting the request:

 

Completion of discovery 90 days from service

UCRY opening evidence 120 days from service

Respondents’ reply evidence 165 days from service

UCRY rebuttal evidence 185 days from service

 

The parties’ joint proposed procedural schedule is reasonable and therefore will be adopted.

 

It is ordered:

 

1. A declaratory order proceeding is instituted.

 

2. All parties must comply with the Rules of Practice at 49 C.F.R. subchapter B

including 49 C.F.R. parts 1112 and 1114.

 

3. The parties’ joint motion for procedural schedule is granted.

 

4. The procedural schedule for the proceeding is:

 

Completion of discovery March 14, 2018

UCRY opening evidence April 13, 2018

Respondents’ reply evidence May 29, 2018

UCRY rebuttal evidence June 18, 2018

 

5. This decision is effective on its date of service.

 

6. Copies of this decision will be mailed to:

 

The Honorable Dale A. Kimball

United States District Court for the District of Utah, Northern Division

351 South West Temple, Room 1.100

Salt Lake City, Utah 84101

 

The Honorable Robert J. Shelby

United States District Court for the District of Utah, Northern Division

351 South West Temple, Room 1.100

Salt Lake City, Utah 84101

 

By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.