[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27785-27786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12889]



-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32549 (Sub-No. 16)]


Western Fuels Service Corp.--Trackage Rights Over The Atchison, 
Topeka and Santa Fe Railway Company Between Denver, CO, and Holcomb, KS

AGENCY: Interstate Commerce Commission.

ACTION: Decision No. 25; notice of acceptance of responsive application 
filed by Western Fuels Service Corp.

-----------------------------------------------------------------------

SUMMARY: The Commission is accepting for consideration the application 
filed by Western Fuels Service Corp. (WFSC) for trackage rights over 
lines of The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) 
in Colorado and Kansas. This application is responsive to the primary 
application filed by Burlington Northern Railroad Company (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 WFSC responsive application must be filed with the 
Commission by June 9, 1995. Rebuttal in support of the WFSC 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. 16) and be sent to the Office of the 
Secretary, Case Control Branch, Attn: Finance Docket No. 32549 (Sub-No. 
16), 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 Peter Glaser, Esq., Doherty, Rumble and Butler, P.C., 1625 M 
Street, N.W., Washington, D.C. 20036 (representing responsive applicant 
WFSC).
    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, WFSC seeks 
trackage rights over approximately 326 miles of Santa Fe's lines 
between Denver, CO, and Holcomb, KS, from the BN Yard at Denver, CO (BN 
MP 541.2) to the Santa Fe Yard at Pueblo, CO (Santa Fe MP 733.4) to the 
Sunflower Electric Station (also known as Holcomb Station) at Holcomb, 
KS (Santa Fe MP 407.4). WFSC is a wholly owned subsidiary of Western 
Fuels Association, Inc. (WFA), a non-profit fuel supply cooperative 
corporation whose member-owners are municipally and cooperatively owned 
electric utilities located in the Rocky Mountain West, the Midwest, the 
Southwest, and Louisiana. Sunflower Electric Station is a coal-burning 
electric generating facility owned by Sunflower Electric Power 
Corporation, a WFA member. The trackage rights sought by WFSC are 
intended to be used for the transportation of coal moving to Sunflower 
Electric Station.
    WFSC's responsive application substantially complies with the 
applicable regulations, and it has therefore been accepted for 
consideration by the Commission. WFSC maintains, and we agree, that the 
trackage rights sought in its responsive application constitute a minor 
transaction. See 49 CFR 1180.2(b) (a transaction is minor if it does 
not involve the control or merger of two or more class I railroads and 
if it clearly will not have any anticompetitive effects).
    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 
WFSC'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 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 [[Page 27786]] 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 WFSC'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 WFSC'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. 95-12889 Filed 5-24-95; 8:45 am]
BILLING CODE 7035-01-P