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:  
Administrative Law Judge

    Decision Summary

Decision Notes:  
DECISION GRANTED A JOINT MOTION TO MODIFY AN OBLIGATION TO FILE STATUS REPORTS IN THIS PROCEEDING.

    Embraced Cases

Docket Number

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

46432                          SERVICE DATE – LATE RELEASE MAY 4, 2018

ALJ

 

SURFACE TRANSPORTATION BOARD

ORDER OF PRESIDING ADMINISTRATIVE LAW JUDGE ON JOINT MOTION TO REDUCE THE FREQUENCY OF STATUS REPORTS

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

Decided:  May 3, 2018

At a status conference on April 19, 2017, I directed complainants Valero Marketing and Supply Company and Valero Rail Partners, LLC, Tesoro Refining & Marketing Company LLC, Tesoro Great Plains Gathering & Marketing LLC, and Dakota Prairie Refining, LLC, and defendant Union Pacific Railroad Company (collectively, Movants) to file consolidated status reports on a weekly basis.  To this date, Union Pacific and the complainants in these consolidated proceedings have been filing separate bi-weekly status reports.

On May 3, 2018, Movants submitted a joint motion to modify their obligation to file status reports on discovery progress.  As support for their motion, Movants state that the Valero entities and Tesoro entities report they have completed all their outstanding discovery obligations to Union Pacific. And, similarly, Union Pacific reports it has completed all its outstanding discovery obligations to the Valero entities and the Tesoro entities.  Accordingly, Movants request modification of the consolidated weekly status reporting obligation to allow the Valero entities and Tesoro entities to reduce their reporting to a monthly basis, and to allow Union Pacific to return to reporting on a bi-weekly basis.

It is ordered:

1.  Based on the foregoing, Movants’ joint motion is hereby granted.

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

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