|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|U.S. MAGNESIUM, L.L.C. V. UNION PACIFIC RAILROAD COMPANY|
|Director Of Proceedings|
|DECISION STAYED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING AND DIRECTED THE PARTIES TO FILE STATUS REPORTS WITH THE BOARD.|
| 9 KB|
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|Full Text of Decision|
40678 SERVICE DATE – LATE RELEASE MARCH 19, 2010
SURFACE TRANSPORTATION BOARD
STB Docket No. 42115
UNION PACIFIC RAILROAD COMPANY
Decided: March 19, 2010
This decision stays the procedural schedule in this proceeding.
complaint filed on June 25, 2009, US Magnesium, L.L.C. (USM) challenges
the reasonableness of rates charged by Union Pacific Railroad Company (UP) for
the movement of chlorine by tank car from
The parties requested a procedural schedule pursuant to 49 CFR 1111.9(a)(1), and the Board adopted the proposed procedural schedule in a decision served October 22, 2009. By decision served January 15, 2010, the Board granted an unopposed motion from USM to extend the procedural schedule, as well as a request from UP to further extend the deadline for final briefs. In a decision served February 10, 2010, the Board granted a joint motion by USM and UP to modify the procedural schedule.
On March 11, 2010, USM and UP filed a joint motion to stay the procedural schedule. The motion states that the parties are in settlement discussions and that a stay is warranted to allow them to attempt to finalize a settlement.
Good cause exists to stay the procedural schedule in this proceeding in order to allow the parties to proceed with negotiations. Therefore, the joint motion will be granted and the proceeding will be held in abeyance pending further order of the Board. The parties will be required to file a status report with the Board by May 18, 2010, and then every 30 days thereafter.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The parties’ joint motion to stay the procedural schedule is granted.
2. This proceeding is held in abeyance pending further order of the Board.
3. The parties shall file a status report with the Board May 18, 2010, and then every 30 days thereafter.
4. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.