[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27784-27785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12887]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32549 (Sub-No. 14)]


Southwestern Public Service Company and Tuco Inc.--Trackage 
Rights Over Lines of Burlington Northern Railroad Company and The 
Atchison, Topeka and Santa Fe Railway Company

AGENCY: Interstate Commerce Commission.
ACTION: Decision No. 23; Notice of acceptance of responsive application 
filed by Southwestern Public Service Company and Tuco Inc.

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SUMMARY: The Commission is accepting for consideration the application 
filed by Southwestern Public Service Company and Tuco Inc. (SPS/TUCO) 
for trackage rights over lines of The Atchison, Topeka and Santa Fe 
Railway Company (Santa Fe), and to the extent appropriate or necessary, 
the lines of Burlington Northern Railroad Company (BN). This 
application is responsive to the primary application filed by BN and 
its corporate parent, Burlington Northern Inc. (BNI), and Santa Fe and 
its corporate parent, Santa Fe Pacific Corporation (SFP), by which 
primary applicants BNI, BN, SFP, and Santa Fe seek approval for BNI's 
acquisition of, control of, and merger with SFP, the resulting common 
control of BN and Santa Fe by the merged company, the consolidation of 
BN and Santa Fe railroad operations, and the merger of BN and Santa Fe.

DATES: The effective date of this decision is May 25, 1995. Comments 
regarding the SPS/TUCO responsive application must be filed with the 
Commission by June 9, 1995. Rebuttal in support of the SPS/TUCO 
responsive application must be filed by June 19, 1995. Briefs (not to 
exceed 50 pages) must be filed by June 29, 1995.

ADDRESSES: An original and 20 copies of all documents must refer to 
Finance Docket No. 32549 (Sub-No. 14) and be sent to the Office of the 
Secretary, Case Control Branch, Attn: Finance Docket No. 32549 (Sub-No. 
14), Interstate Commerce Commission, 1201 Constitution Avenue, N.W., 
Washington, D.C. 20423. Parties are encouraged also to submit all 
pleadings and attachments on a 3.5-inch diskette in WordPerfect 5.1 
format.
    In addition, one copy of all documents in this proceeding must be 
served, by first class mail, on: the Secretary of the Department of 
Transportation; the Attorney General of the United States; 
Administrative Law Judge Jacob Leventhal, Federal Energy Regulatory 
Commission, Office of Hearings, 825 North Capitol Street, N.E., 
Washington, D.C. 20426; Betty Jo Christian, Esq., Steptoe & Johnson, 
1330 Connecticut Avenue, N.W., Washington, D.C. 20036-1795 
(representing primary applicants BNI and BN); Erika Z. Jones, Esq., 
Mayer, Brown & Platt, 2000 Pennsylvania Avenue, N.W., Suite 6500, 
Washington, D.C. 20006 (representing primary applicants SFP and Santa 
Fe); and C. Michael Loftus, Esq., Slover & Loftus, 1224 Seventeenth 
Street, N.W., Washington, D.C. 20036 (representing responsive applicant 
SPS/TUCO).
    Furthermore, one copy of all documents in this proceeding must be 
served, by first class mail, on all persons designated parties of 
record [POR] on the Commission's service list, served on May 19, 1995.

FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 927-5352. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: By this responsive application, SPS/TUCO 
seeks overhead trackage rights on behalf of a rail carrier(s) 
unaffiliated with the primary applicants over approximately 441 miles 
of lines of Santa Fe (and to the extent appropriate or necessary, the 
lines of BN) for the movement of coal trains between Pueblo, CO, and 
SPS' coal-fired, electric generating facilities known as the Tolk 
Station, located near Muleshoe or Mill, TX, via Amarillo, TX, and 
Hereford, TX, with the right to serve SPS' coal-fired, electric 
generating facilities known as the Harrington Station, located at 
Amarillo, TX.
    SPS/TUCO's responsive application substantially complies with the 
applicable regulations,1 and it has therefore been accepted for 
consideration by the Commission.

    \1\ SPS/TUCO recognizes that, because it is not an ``applicant 
carrier'' as defined by 49 CFR 1180.3(b), applicant carriers who may 
receive such requested trackage rights as a result of this 
responsive application will necessarily have to resolve carrier-
specific, trackage rights issues in a ``follow-up proceeding.'' 
(SPST-11, at 3-4.)
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    The responsive application and exhibits are available for 
inspection in the Public Docket Room at the offices of the Commission 
in Washington, D.C. In addition, they may be obtained upon request from 
SPS/TUCO's representative named above.
    This responsive application is consolidated for disposition with 
the Finance Docket No. 32549 primary application (and all embraced 
proceedings). Service of an initial decision will be waived, and 
determination of the merits of the responsive application will be made 
in the first instance by the entire Commission. 49 U.S.C. 11345(f).
    Interested persons may participate formally by submitting written 
comments regarding the responsive [[Page 27785]] application, subject 
to the filing and service requirements specified above. Such comments 
(referred to as ``responses'' in the procedural schedule) should 
indicate the exact proceeding designation and should be filed with the 
Commission by June 9, 1995. Comments shall include the following: the 
commenter's position in support of or in opposition to the proposed 
transaction; any and all evidence, including verified statements, in 
support of or in opposition to the proposed transaction; and specific 
reasons why approval would or would not be in the public interest. 
Interested persons who do not intend to participate formally in the 
proceeding but who desire to comment may also file statements, also 
subject to the filing and service requirements specified above. Persons 
must state specifically whether they intend to participate actively in 
the proceeding or whether they wish only to be advised of all decisions 
issued by the Commission. Failure to state an intention to participate 
as an active party will result in the person being placed in the latter 
category.
    Because SPS/TUCO's responsive application contains proposed 
conditions to approval of the primary application in Finance Docket No. 
32549, the Commission will entertain no requests for affirmative relief 
to this proposal. Parties may only participate in direct support of or 
direct opposition to SPS/TUCO's responsive application as filed.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: May 17, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen, and 
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.
[FR Doc. 95-12887 Filed 5-24-95; 8:45 am]
BILLING CODE 7035-01-P