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STB Accepts Responsive Applications by CN and NS for Consideration in Proposed CP/KCS Merger

07/01/2022 (Friday) [PDF Version]
No. 22-34

Michael Booth
FedRelay 1 (800) 877-8339

The Surface Transportation Board today issued a notice in the merger application filed by Canadian Pacific Railway Limited (CP) and Kansas City Southern Railway Company (KCS), accepting responsive applications by Canadian National Railway Company (CN) and Norfolk Southern Railway Company (NS) for consideration by the Board.

On May 13, 2022, CP and KCS submitted a revised operating plan as ordered by the Board.  On June 9, 2022, CN and NS filed amended responses with each railroad requesting a number of conditions, including acquisition of the Springfield Line in Illinois and Missouri and certain trackage rights.  Specific requests made by CN and NS are detailed in the full decision.

Today’s decision provides notice that the Board finds CN and NS’s responsive applications to be in substantial compliance with the regulations under which they were filed and finds no basis for rejecting them.  The Board reserves the right to require supplemental information, if necessary.  The Board also finds that it is not necessary to designate CN and NS’s proposed transactions as minor or significant.

Interested persons may submit formal written comments regarding the responsive applications by July 12, 2022.  Comments must include the following:  the commenter’s position in support of or in opposition to the transaction proposed in the responsive filing; any and all evidence, including verified statements, in support of or in opposition to the proposed transaction; and specific reasons why approval of the proposed transaction would or would not be in the public interest.  The public is encouraged to read about formal filing requirements on the Board’s e-filing page here.

The Board’s decision in Canadian Pacific Railway Limited; Canadian Pacific Railway Company; Soo Line Railroad Company; Central Maine & Quebec Railway US Inc.; Dakota, Minnesota & Eastern Railroad Corporation; and Delaware & Hudson Railway Company, Inc.—Control—Kansas City Southern; The Kansas City Southern Railway Company; Gateway Eastern Railway Company; and The Texas Mexican Railway Company, Docket No. FD 36500, may be viewed and downloaded here.