Federal Register, Volume 59 Issue 91 (Thursday, May 12, 1994)

[Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11578]


[[Page Unknown]]

[Federal Register: May 12, 1994]


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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32453^{1]
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    \1\This transaction is related to a number of proceedings that 
involved Iowa Power, Inc. (Iowa Power), formerly Iowa Power and 
Light Company. Iowa Power was authorized to construct a new, 
alternative rail line to serve its Council Bluffs Energy Center 
(Energy Center). The proposal to develop this alternative rail line 
grew out of the complaint proceeding filed and subsequently 
dismissed in Iowa Power and Light Company v. Burlington Northern 
Railroad Company, No. 40224 (ICC served Nov. 1, 1991). Iowa Power 
has since merged with the Iowa Public Service Company to form 
Midwest Power Systems, Inc. (Systems). Systems' electric division is 
now known as Midwest Power.
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CBEC Railway, Inc.--Acquisition and Operation Exemption--Great 
Western Railway Company of Iowa, Inc.

    CBEC Railway, Inc.^{2 (CBEC), a non-carrier, has filed a notice 
of exemption to acquire and operate approximately 5 miles of rail line 
from Great Western Railway Company of Iowa, Inc. (Great Western), 
extending from the eastern terminus of the line and yards of the Union 
Pacific Railroad Company, Inc., in Council Bluffs, IA, to a point at or 
near milepost 407.7.^{3 The parties expected to consummate the 
transaction on or after January 28, 1994. Any comments must be filed 
with the Commission and served on Nicholas J. DiMichael, Donelan, 
Cleary, Wood & Maser, P.C., suite 850, 1275 K Street, NW., Washington, 
DC 20005-4078.
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    \2\ CBEC was originally created as a rail subsidiary of Iowa 
Power. It is now a wholly owned subsidiary of Systems.
    \3\ One component of the original construction plan called for 
Iowa Power to acquire and CBEC to operate the line segment at issue 
here, plus an additional 0.7-mile segment between mileposts 407.7 
and 407.0. Iowa Power, Inc. and CBEC Railway Inc.--Acquisition and 
Operation Exemption--Iowa Southern Railroad Company Line near 
Council Bluffs, IA, Finance Docket No. 31718 (ICC served Aug. 17, 
1990). In a related proceeding, Iowa Power was granted an exemption 
to construct a connecting 1.8-mile rail line extending from milepost 
407.0 to the Energy Center, subject to further consideration of the 
anticipated environmental impacts. Iowa Power--Const. Exempt.--
Council Bluffs, IA, 8 I.C.C.2d 858 (1990) (Iowa Power).
    The acquisition transaction in Finance Docket No. 31718 was 
never consummated. Instead, the line segment, less the 0.7-mile 
segment between mileposts 407.7 and 407.0, was subsequently acquired 
by Great Western in Great Western Railway Company of Iowa, Inc.--
Acquisition and Operation Exemption--Council Bluffs and Ottumwa 
Railway, Inc., Finance Docket No. 31873 (ICC served May 24, 1991).
    By acquiring this line segment from Great Western, CBEC will be 
able to finalize its plans to construct the alternative rail line. A 
draft environmental assessment of the construction proposal, 
modified to reflect that the new line will connect with the line 
being acquired here at milepost 407.7, instead of at milepost 407.0 
as originally authorized, is being considered by the Commission in 
Iowa Power. There the parties also requested that CBEC be 
substituted for Iowa Power as the party authorized to construct and 
operate the new line.
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    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.

    Decided: March 14, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-11578 Filed 5-11-94; 8:45 am]
BILLING CODE 7035-01-P}}}