SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
NOR_42144_0

Case Title:  
NORTH AMERICA FREIGHT CAR ASSOCIATION; AMERICAN FUEL & PETROCHEMICALS MANUFACTURERS; THE CHLORINE INSTITUTE; THE FERTILIZER INSTITUTE; AMERICAN CHEMISTRY COUNCIL; ETHANOL PRODUCTS, LLC D/B/A POET ETHANOL PRODUCTS; POET NUTRITION, INC.; AND CARGILL INCORPORATED V. UNION PACIFIC RAILROAD COMPANY

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION DETERMINED THAT ANY FUTURE DISCOVERY MATTERS AND DISCOVERY DISPUTES IN THESE PROCEEDINGS SHALL NO LONGER BE DIRECTED TOWARDS FEDERAL ENERGY REGULATORY COMMISSION ADMINISTRATIVE LAW JUDGES.

    Embraced Cases

Docket Number

AB_167_1189_X - Consolidated Rail Corporation--Abandonment Exemption--In Hudson County, Nj

AB_55_686_X - Csx Transportation, Inc.--Discontinuance Of Service Exemption--In Hudson County, Nj

AB_290_306_X - Norfolk Southern Railway Company--Discontinuance Of Service Exemption--In Hudson County, Nj

FD_35743_0 - Application Of The National Railroad Passenger Corporation Under 49 U.S.C. 24308(A) – Canadian National Railway Company

NOR_42150_0 - Valero Marketing And Supply Company And Valero Rail Partners, Llc V. Union Pacific Railroad Company

NOR_42152_0 - Tesoro Refining & Marketing Company Llc; Tesoro Great Plains Gathering & Marketing, Llc; And Dakota Prairie Refining, Llc V. Union Pacific Railroad Company

NOR_42153_0 - Arkema Inc. V. Union Pacific Railroad Company


    Decision Attachments

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    Full Text of Decision

NAFCA/Draft Order (00356861).DOCX

46654 SERVICE DATE – LATE RELEASE OCTOBER 12, 2018

DO

 

SURFACE TRANSPORTATION BOARD

 

Decision

 

Docket No. NOR 42144 

 

NORTH AMERICA FREIGHT CAR ASSOCIATION; AMERICAN FUEL & PETROCHEMICALS MANUFACTURERS; THE CHLORINE INSTITUTE; THE FERTILIZER INSTITUTE; AMERICAN CHEMISTRY COUNCIL; ETHANOL PRODUCTS, LLC D/B/A POET ETHANOL PRODUCTS; POET NUTRITION, INC.; AND CARGILL INCORPORATED v. UNION PACIFIC RAILROAD COMPANY

 

Docket No. NOR 42150

 

valero marketing and supply company

AND valero rail partners, llc v. UNION PACIFIC RAILROAD COMPANY

 

Docket No. NOR 42152

 

tesoro refining & marketing company llc;

tesoro great plains gathering & marketing, llc;

and dakota prairie refining, llc v. UNION PACIFIC RAILROAD COMPANY

 

Docket No. NOR 42153

 

ARKEMA INC. v. UNION PACIFIC RAILROAD COMPANY

 

Docket No. FD 35743

 

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

 

Docket No. AB 167 (Sub-No. 1189X)

 

CONSOLIDATED RAIL CORPORATION—ABANDONMENT EXEMPTION—IN HUDSON COUNTY, N.J.

 

Docket No. AB 55 (Sub-No. 686X)

 

CSX TRANSPORTATION, INC.—DISCONTINUANCE OF SERVICE EXEMPTION—IN HUDSON COUNTY, N.J.

 

Docket No. AB 290 (Sub-No. 306X)

 

NORFOLK SOUTHERN RAILWAY COMPANY—DISCONTINUANCE OF SERVICE EXEMPTION—IN HUDSON COUNTY, N.J.

 

Decided:  October 12, 2018

 

In January 2015, the Board entered into a Memorandum of Understanding (MOU) 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, STB-assigned functions. Subsequently, the Board assigned the above-captioned proceedings to Administrative Law Judge John P. Dring for the handling of all discovery matters and initial resolution of all discovery disputes.

 

The MOU recently expired. Accordingly, any further discovery matters in these dockets will no longer be referred to or decided by Judge Dring.

 

The Board appreciates the work of FERC’s ALJs on Board-referred discovery matters, including matters not captioned here that concluded previously.

 

It is ordered:

 

1. Any future discovery matters and discovery disputes in these proceedings shall no longer be directed towards FERC ALJs.

 

2. Judge Dring will be removed from the service list in these proceedings and a copy of this decision will be served upon him.

 

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

 

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