The Surface Transportation Board announced today that it has accepted for consideration the Canadian Pacific Railway Corporation and its subsidiaries' (CPRC) application to control the Dakota, Minnesota & Eastern Railroad Corporation (DM&E) and its subsidiary, and additionally found the proposed transaction to be "significant" under the Board's rules. The Board has adopted a procedural schedule that would include the filing of the notices of intent to participate on January 25, 2008, and the issuance of a final decision on September 30, 2008, to become effective one month later, on October 30, 2008. A copy of the Board's schedule is attached.
The Board accepted the application today in its "Decision No. 4" in the case entitled Canadian Pacific Railway Company, et al.—Control—Dakota, Minnesota & Eastern Railroad Corp., et al., STB Finance Docket No. 35081, which will be published in the Federal Register and is available for viewing and downloading on the agency's Web site at http://www.stb.dot.gov under "E-Library," then under "Decisions & Notices," beneath the date "12/27/07." Printed copies of the decision also are available for a fee by contacting ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706, telephone (202) 306-4004, or via email@example.com.
Procedural Schedule in
CANADIAN PACIFIC RAILROAD COMPANY, et al.—CONTROL—
DAKOTA, MINNESOTA & EASTERN RAILROAD CORP., et al.
STB Finance Docket No. 35081
September 10, 2007: Motion for Protective Order filed.
September 21, 2007: Protective Order issued.
October 5, 2007: Prefiling notification and Motion to Establish Procedural Schedule
November 8, 2007: Notice of receipt of prefiling notification published in the Federal
November 29, 2007: Proposed procedural schedule published in the Federal Register.
December 5, 2007: Application filed.
January 4, 2008: Board notice of acceptance of application to be published in the
January 25, 2008: Notices of intent to participate in this proceeding due. Descriptions
of anticipated responsive applications (including inconsistent applications) due.
Petitions for waiver or clarification with respect to such applications due.
February 4, 2008: Proposed Safety Integration Plan to be filed with the Board's Section
of Environmental Analysis (SEA) and the Federal Railroad Administration.
Environmental comments due, addressed to the attention of SEA.
March 4, 2008: All responsive applications, requests for conditions, and any other
evidence and argument in opposition to the application, including filings of U.S. Dept. of
Justice (DOJ) and U.S. Dept. of Transportation, (DOT) due.
April 18, 2008: Replies to responsive applications, requests for conditions, and other
opposition due. Rebuttal in support of the application due. Response of DOJ and DOT
to other parties' comments due.
April 25, 2008: Applicants' response to responsive comments of DOJ and DOT due.
May 19, 2008: Rebuttals to responsive applications, requests for conditions, and other
To be determined: A public hearing or oral argument may be held.
July 2, 2008: Final briefs, if any, due.
September 30, 2008: Date of service of final decision.
October 30, 2008: Effective date of final decision.