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SURFACE TRANSPORTATION BOARD ISSUES DECISION ON 15 PETITIONS FOR RECONSIDERATION/CLARIFICATION OF ITS APPROVAL OF "CSX-NORFOLK SOUTHERN-CONRAIL" MERGER
Surface Transportation Board (Board) Chairman Linda J. Morgan today announced that the Board has issued its decision concerning 15 petitions for reconsideration or clarification of its July 23, 1998, written decision approving the "CSX-Norfolk Southern-Conrail" merger.
The Board partially granted petitions filed by the applicants [the "CSX" and "Norfolk Southern" railroads], as well as petitions by APL Limited, Indianapolis Power and Light Company, Reading and Blue Mountain Railroad Company, Four City Consortium, New Jersey Department of Transportation, and Citizens Gas and Utility. Other relief sought by the applicants and various other parties was denied. Many of the petitions concerned issues relating to either the interpretation or proper scope of various conditions imposed by the Board in its approval of the merger. The relief granted covers various matters including environmental conditions, shipper contract allocation, and competitive conditions concerning smaller shippers and shortline railroads.
Today's decision completes the administrative appeals phase of the merger proceeding and paves the way for judicial review. The United States Court of Appeals for the Second Circuit [New York, New York], where the first appeal of the Board’s July 23 decision was filed in No. 98-4285,
Erie Niagara Rail Steering Committee v. STB
, has jurisdiction over all such appeals.
The Board issued its decision today in Decision No. 96 in the case entitled
CSX Corporation and CSX Transportation, Inc., Norfolk Southern Corporation and Norfolk Southern Railway Company--Control and Operating Leases/Agreements--Conrail Inc. and Consolidated Rail Corporation
, STB Finance Docket No. 33388.