[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Notices]
[Pages 29387-29391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14172]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33388]


CSX Corp. and CSX Transportation, Inc., Norfolk Southern Corp. 
and Norfolk Southern Railway Co.--Control and Operating Leases/
Agreements--Conrail Inc. and Consolidated Rail Corp.

AGENCY: Surface Transportation Board.

ACTION: Decision No. 6; Notice of Issuance of Procedural Schedule.

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

SUMMARY: Having received public comments on applicants' proposed 
procedural schedule and applicants' reply to those comments, the Board 
is issuing a final procedural schedule. This schedule provides for 
issuance of a final decision no later than 350 days after filing of the 
primary application.

EFFECTIVE DATE: The effective date of this decision is May 30, 1997. 
Notices of intent to participate in this proceeding will be due 45 days 
after the primary application is filed. All descriptions of 
inconsistent and responsive applications, as well as any petitions for 
waiver or clarification with respect thereto, will be due 60 days after 
the primary application is filed. All comments, protests, requests for 
conditions, inconsistent and responsive applications, and any other 
opposition evidence and argument will be due 120 days after the primary 
application is filed. For further information, see the procedural 
schedule set forth below.

ADDRESSES: An original and 25 copies 1 of all documents, 
referring to STB Finance Docket No. 33388, must be sent to the Office 
of the Secretary, Case Control Branch, ATTN: STB Finance Docket No. 
33388, Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001. 2 In addition, one copy of all documents in this 
proceeding must be sent to Administrative Law Judge Jacob Leventhal, 
Federal Energy Regulatory Commission, 888 First Street, NE., Suite 11F, 
Washington, DC 20426 (202) 219-2538; FAX: (202) 219-3289 and to each of 
the applicants' representatives: (1) Dennis G. Lyons, Esq., Arnold & 
Porter, 555 12th Street, NW., Washington, DC 20004-1202; (2) Richard A. 
Allen, Esq., Zuckert Scoutt & Rasenberger, L.L.P., Suite 600, 888 
Seventeenth Street, NW., Washington, DC 20006-3939; and (3) Paul A. 
Cunningham, Esq., Harkins Cunningham, Suite 600, 1300 Nineteenth 
Street, NW., Washington, DC 20036.
---------------------------------------------------------------------------

    \1\  In addition to submitting an original and 25 copies of all 
documents filed with the Board, parties are requested also to submit 
all pleadings and attachments as computer data contained on a 3.5-
inch diskette formatted for WordPerfect 7.0 (or formatted so that it 
can be converted into WordPerfect 7.0) and clearly labeled with the 
identification acronym and number of the pleading contained on the 
diskette. See 49 CFR 1180.4(a)(2). The computer data contained on 
the computer diskettes submitted to the Board will be subject to the 
protective order granted in Decision No. 1, served on April 16, 1997 
(as modified in Decision No. 4, served May 2, 1997), and is for the 
exclusive use of Board employees reviewing substantive and/or 
procedural matters in this proceeding. The flexibility provided by 
such computer data will facilitate timely review by the Board and 
its staff.
    \2\  In order for a document to be considered a formal filing, 
the Board must receive an original and 25 copies of the document, 
which must show that it has been properly served. Documents 
transmitted by facsimile (FAX), as in the past, will not be 
considered formal filings and thus are not encouraged because they 
will result in unnecessarily burdensome, duplicative processing in 
what we expect to become a voluminous record.
    Applicants may file in bound volumes an original and 25 copies 
of related applications, petitions, and notices of exemption; 
however, to facilitate our processing of these related filings, we 
will require that applicants also file two unbound copies of each of 
these filings.

FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 565-1613. (TDD 
---------------------------------------------------------------------------
for the hearing impaired: (202) 565-1695.)

SUPPLEMENTARY INFORMATION: On April 10, 1997, CSX Corporation (CSXC), 
CSX Transportation, Inc. (CSXT), Norfolk Southern Corporation (NSC), 
Norfolk Southern Railway Company (NSR), Conrail Inc. (CRI), and 
Consolidated Rail Corporation (CRC) 3 filed a notice of 
intent (CSX/NS-1) that they intend to file an application under 49 
U.S.C. 11323-25 (referred to as the ``primary application'') seeking 
Board authorization for, among other things, (a) the acquisition by CSX 
and NS of control of Conrail, and (b) the division of the assets of 
Conrail by and between

[[Page 29388]]

CSX and NS.4 Applicants expect to file their primary 
application, and any related applications, petitions, and notices, on 
or before July 10, 1997, but not before June 16, 1997.
---------------------------------------------------------------------------

    \3\ CSXC and CSXT are referred to collectively as CSX. NSC and 
NSR are referred to collectively as NS. CRI and CRC are referred to 
collectively as Conrail. CSX, NS, and Conrail are referred to 
collectively as applicants.
    \4\ By letter dated April 24, 1997, applicants submitted, 
pursuant to 49 CFR 1013.3(a), an Amended and Restated Voting Trust 
Agreement (hereinafter referred to as Joint-VTA-1) that NSC, CSXC, 
and Green Acquisition Corporation propose to enter into with an 
institutional trustee, Deposit Guaranty National Bank, and a limited 
liability company to be formed shortly. NSC and CSXC intend that the 
Trustee will hold, in the voting trust (hereinafter referred to as 
the Joint Voting Trust) to be established pursuant to Joint-VTA-1, 
all common shares of Conrail Inc. (CRI): (1) Acquired previously, 
and separately, by NSC and CSXC and currently held in separate 
voting trusts; or (2) hereafter acquired by NSC and CSXC pursuant to 
the Third Supplement (dated April 10, 1997) to the Second Offer to 
Purchase (the Second Offer, dated December 6, 1996). NSC and CSXC 
intend that the Joint Voting Trust to be established pursuant to 
Joint-VTA-1 will be a single consolidated voting trust ultimately 
superseding and replacing the previously established separate voting 
trusts. An informal staff opinion letter with respect to the voting 
trust was issued on May 8, 1997.
---------------------------------------------------------------------------

    In Decision No. 2, served April 21, 1997, and published that day in 
the Federal Register at 62 FR 19390, we determined that the transaction 
contemplated by applicants is a major transaction as defined at 49 CFR 
1180.2(a), and we invited comments due May 1, 1997, on applicants' 
proposed procedural schedule. Comments were filed, and on May 8, 1997, 
applicants filed a consolidated reply to the comments (CSX/NS-11).
    Over 25 comments were received in response to Decision No. 2. 
Comments were filed by shipper organizations, shippers (including 
electric utilities), ports, railroads, government parties, and rail 
labor unions. We have carefully reviewed all of the comments that we 
received on the proposed procedural schedule. Given the magnitude of 
applicants' proposed transaction concerning the restructuring of rail 
service within the entire Eastern United States, we have determined 
that a 350-day procedural schedule (which is more than applicants had 
proposed, but less than the statutory maximum) will ensure that all 
parties are accorded due process and allow us time to consider fully 
all of the issues in this proceeding, including environmental issues, 
and reach a timely resolution of this matter.
    In particular, this schedule will permit us to take the hard look 
at environmental issues as required by the National Environmental 
Policy Act (NEPA) and the related regulations of the Council on 
Environmental Quality. The Board's Section of Environmental Analysis 
(SEA) has determined that the preparation of an Environmental Impact 
Statement (EIS) is warranted for this proceeding. This determination is 
based on the nature and scope of environmental issues (e.g., intercity 
passenger service and commuter rail service) that are likely to arise 
in this proceeding as well as SEA's evaluation of the information 
available to date, including the Preliminary Environmental Report filed 
on May 16, 1997. We agree with SEA that an EIS is warranted in this 
proceeding. The procedural schedule that we are adopting will provide 
the necessary time to enable us to undertake an EIS.
    Within this procedural schedule, we will be able to consider fully 
all issues affecting the public interest, and will also be able to 
address cumulative impacts and crossover effects of prior mergers as 
appropriate. Further, we will consider the transaction in light of any 
settlement agreements that the applicants may reach with any parties.
    We are not unmindful of the concerns parties have raised regarding 
the amount of time necessary to prepare their cases or of the concerns 
applicants have raised regarding employment uncertainty among Conrail 
management and possible deterioration in Conrail service during the 
pendency of this proceeding, and have crafted the attached procedural 
schedule with fairness to all parties in mind. While we are sensitive 
to applicants' concerns and their desire to have an expedited schedule, 
we believe that the 350-day schedule that we are adopting is not unduly 
long and will not result in lasting adverse effects on the Conrail 
system or properties. We believe that the longer schedule is necessary 
and appropriate for this case to allow sufficient time for 
participation by the public and consideration by the Board, including 
the preparation of an EIS. Accordingly, we have adjusted the procedural 
schedule proposed by applicants to give more time for the submission 
and review of evidence and arguments, and to provide adequate time for 
preparing an EIS.
    Environmental reporting for primary applicants. As indicated above, 
applicants filed their joint Preliminary Environmental Report (PER) on 
May 16, 1997. CSX and NS will provide detailed and updated information 
(with supporting documentation) and environmental impact analyses in 
the Environmental Report (ER) they will file with their primary 
application and related applications, petitions, and notices. CSX and 
NS will provide a copy of the ER to all parties of record in this 
proceeding; appropriate federal, state, and local agencies; and 
affected parties according to the Board's environmental rules found in 
49 CFR part 1105.
    As discussed above, SEA has determined that the preparation of an 
EIS is warranted for this proceeding. A notice of intent to prepare an 
EIS will be published in the Federal Register shortly, which will 
explain in further detail the EIS process for this proceeding. SEA will 
initiate public scoping as soon as possible after the joint application 
and environmental report are filed to allow interested persons to 
participate in determining the scope of the EIS that will be prepared. 
SEA anticipates that the final scope of the EIS will be issued 
approximately 80 days after the filing of the joint application.
    When, as here, the preparation of an environmental impact statement 
is contemplated for a railroad proceeding, the Board's environmental 
rules at 49 CFR 1105.10(a)(1) normally require the prospective 
applicants to submit to SEA a 6-month prefiling notice in advance of 
the application. However, where appropriate, 49 CFR 1105.10(c) allows 
the waiver of this 6-month prefiling notice. Here, SEA for some time 
has been engaged in on-going consultations with both CSX and NS about 
the proposed merger and the potential associated environmental impacts. 
Moreover, the applicants' joint PER provided detailed descriptive 
information about the project. In these circumstances, SEA believes 
that there is no need for the 6-month waiting period. Therefore, as 
indicated in Decision No. 7 (served concurrently herewith, but not 
published in the Federal Register), the 6-month prefiling notice 
requirement will be waived in this case.
    Environmental reporting for inconsistent and responsive applicants. 
In order for us to fulfill our responsibilities under NEPA and other 
environmental laws, inconsistent and responsive applicants must submit 
certain environmental information. To facilitate the environmental 
review process, inconsistent and responsive applicants will be required 
to file by Day F + 100 either (1) a verified statement that the 
inconsistent or responsive application will have no significant 
environmental impact or (2) a responsive environmental report (RER) 
that contains detailed environmental information regarding the 
inconsistent or responsive application.
    The RER. The RER should comply with all requirements for 
environmental reports contained in our environmental rules at 49 CFR 
1105.7. Also, the RER should address the environmental issues 
identified in the final scope of the

[[Page 29389]]

EIS for the entire merger, to the extent such issues are applicable to 
the particular inconsistent or responsive application. (For example, 
if, in the final scope of the EIS, SEA identified potential rail 
commuter service impacts as an issue to be addressed, we would expect 
the RER also to address that issue if commuter services were involved 
in the particular inconsistent or responsive application.)
    The RER should be based on consultations with SEA and the various 
agencies set forth in 49 CFR 1105.7(b). In addition, the information in 
the RER should be organized as follows: Executive Summary; Purpose and 
Need for Agency Action; Description of the Inconsistent or Responsive 
Application and Related Operations; Description of the Affected 
Environment; Description of Alternatives; Analysis of the Potential 
Environmental Impacts; Proposed Mitigation; and Appropriate Appendices 
that include correspondence and consultation responses, bibliography, 
and a list of preparers.
    The purpose of an RER is to provide us the information we need to 
assess the potential environmental impacts of all inconsistent and 
responsive applications in the context of the overall merger proposal. 
After an RER is received, SEA will verify the information contained in 
the document. If the RER is acceptable, SEA will include the RER with 
the Draft EIS for the entire merger that will be served and made 
available for public comment.
    In order to ensure timely, consistent, and appropriate 
environmental documentation, inconsistent and responsive applicants 
must consult with SEA as early as possible. If an RER is insufficient, 
we may require additional environmental information or reject the 
inconsistent or responsive application.
    A verified statement of no significant impact. If an action 
proposed under an inconsistent or responsive transaction would 
typically fall within 49 CFR 1105.6(c)(2), an RER would not be required 
because such an action is generally exempt from environmental review. 
In such a case, the inconsistent or responsive applicant would be 
required to file only a verified statement. The verified statement must 
demonstrate that the inconsistent or responsive application meets the 
exemption criteria of 49 CFR 1105.6(c)(2). Again, anyone desiring to 
file an inconsistent application or responsive application must consult 
with SEA as early as possible regarding the appropriate environmental 
documentation.
    SEA will review the verified statements. If a verified statement is 
insufficient, we may require additional environmental information or 
reject the inconsistent or responsive application. The verified 
statements, like the RERs, will be included in the Draft EIS, which 
will be available for public review and comment.
    Notice of intent to participate. All documents received by the 
Board concerning this proceeding will become part of the public record 
and will be placed in the public docket for inspection and copying. 
Only those documents considered formal filings (i.e., those meeting the 
filing specifications discussed above in the ADDRESSES section) will be 
downloaded to the so-called pleading list. Moreover, persons who submit 
documents that are not considered formal filings will not be placed on 
the service list in this proceeding.
    We will compile and issue an official service list at an early 
stage in this proceeding to facilitate the participation of those 
persons who will be actively participating as ``parties of record'' 
(POR). We are requiring these persons to notify the Board, in writing, 
within 45 days after the primary application is filed, of their intent 
to participate actively in this proceeding. In order to be designated a 
POR, a person must submit an original plus 25 copies of the notice 
along with a certificate of service to the Secretary of the Board 
indicating that the notice has been properly served on applicants' 
representatives and Judge Leventhal.5 Every future filing by 
a POR must have its own certificate of service indicating that all PORs 
on the service list and Judge Leventhal have been served with a copy of 
the filing. Members of the United States Congress will be designated as 
MOC and Governors will be designated as GOV on the service list. They 
are not parties of record and need not be served with copies of 
filings, unless designated as a POR.
---------------------------------------------------------------------------

    \5\ The Office of the Secretary will start compiling the 
official service list in this proceeding after service of this 
decision adopting a procedural schedule. Persons named on any 
earlier service list will not automatically be placed on the 
official service list for this proceeding. Therefore, any person who 
wishes to be a POR must file a notice of intent to participate after 
the date of service of the decision and on or before Day F + 45.
---------------------------------------------------------------------------

    We will continue to follow our practice regarding the service of 
Board actions established in Union Pacific Corporation, Union Pacific 
Railroad Company, and Missouri Pacific Railroad Company--Control and 
Merger--Southern Pacific Rail Corporation, Southern Pacific 
Transportation Company, St. Louis Southwestern Railway Company, SPCSL 
Corp., and The Denver and Rio Grande Western Railroad Company, Finance 
Docket No. 32760 (UP/SP). See UP/SP, Decision No. 15 (STB served Feb. 
16, 1996), at 2-3. Copies of decisions, orders, and notices will be 
served only on those persons who are designated as POR, MOC, or GOV on 
the official service list. All other interested parties are encouraged 
to make advance arrangements with the Board's copy contractor, DC News 
& Data, Inc. (DC News), to receive copies of Board decisions, orders, 
and notices served in this proceeding. DC News will handle the 
collection of charges and the mailing and/or faxing of decisions to 
persons who request this service. The telephone number for DC News is: 
(202) 289-4357.
    Comments, protests, requests for conditions, and any other 
opposition evidence and argument. Most commenters support Day F + 120 
as the minimum time necessary to prepare comments, protests, requests 
for conditions, and any other opposition evidence and argument. 
Applicants support giving persons at least 120 days to make such 
submissions. We will keep Day F + 120 as the due date for the filing of 
comments, protests, requests for conditions, and any other opposition 
evidence and argument. All inconsistent and responsive applications, 
including comments from the United States Department of Justice (DOJ) 
and the United States Department of Transportation (DOT), are also due 
on Day F + 120. Every party intending to file an inconsistent or 
responsive application must contact the Office of the Secretary at 
(202) 565-1681 to reserve an STB Finance Docket No. 33388 Sub-Number to 
use in filing the description of anticipated inconsistent or responsive 
application due on Day F + 60. Also, as set forth above in our 
discussion of environmental reporting, every party intending to file an 
inconsistent or responsive application must file a Responsive 
Environmental Report or Environmental Verified Statement on Day F + 
100.
    Responses and rebuttals. Numerous commenters (including DOT) have 
requested additional time (ranging from 40-70 days) to digest and 
respond to comments, protests, requested conditions, and inconsistent 
and responsive applications. Given the complexity and magnitude of 
issues that potentially may arise in this proceeding, we will extend 
the due date proposed by applicants in their schedule by 25 days, thus 
providing the parties with a total of 55 days to file these responses. 
Responses to inconsistent and

[[Page 29390]]

responsive applications, comments, protests, requested conditions, and 
opposition evidence and argument, as well as rebuttal in support of the 
primary application, will be due on Day F + 175.
    We will not allow parties filing comments, protests, and requests 
for conditions to file rebuttal in support of those pleadings. Parties 
filing inconsistent and/or responsive applications have a right to file 
rebuttal evidence, while parties simply commenting, protesting, or 
requesting conditions do not. UP/SP, Decision No. 6 (ICC served Oct. 
19, 1995, at 7-8, and published Oct. 23, 1995, at 60 FR 54384); 
Burlington Northern Inc. and Burlington Northern Railroad Company--
Control and Merger--Santa Fe Pacific Corporation and The Atchison, 
Topeka and Santa Fe Railway Company, Finance Docket No. 32549, Decision 
No. 16 (ICC served Apr. 20, 1995), at 11. Several commenters seek 
additional time for parties to prepare rebuttal filings. The National 
Industrial Transportation League (NITL) seeks 25 days for the 
preparation of rebuttal filings; Allied Rail Unions (ARU), the Port 
Authority of New York and New Jersey, and DOT seek 30 days; and three 
electric utilities seek 40 days. Rebuttal in support of inconsistent 
and responsive applications will be due on Day F + 205, which will 
allow inconsistent and responsive applicants 30 days instead of 15 days 
to prepare their rebuttals.
    Briefs. Many commenters request more time to prepare their briefs. 
We will expand the schedule to allow parties 20 more days to prepare 
their briefs (not to exceed 50 pages), which will be due on Day F + 
245. Applicants state that, while their proposed transaction involves a 
single, overall primary application and an agreed-upon division of 
Conrail, their proposed transaction also involves the extension of two 
separate and competing railroads into the territory now served by 
Conrail, and separate, competing operating and marketing plans for 
those two railroads. Applicants therefore request to file separate, 50-
page briefs because, as applicants contend, there may be a considerable 
number of arguments made individually by CSX and NS, and many points of 
opposition to be responded to that are peculiar to one or the other. 
Some parties argue that applicants should file a single brief. Some 
parties argue that, if applicants are permitted to file separate 
briefs, then all other parties should be permitted to file longer 
briefs. We will allow CSX and NS to file separate, 50-page briefs. We 
are unpersuaded that other parties should be permitted to file longer 
briefs. Applicants will have only 50 pages to address arguments of 
dozens of parties. Other parties should easily be able to respond to 
several parties in the same number of pages or less. We therefore will 
continue to restrict briefs to 50 pages, which we think will be more 
than adequate for the parties succinctly to present their arguments.
    Other dates. A number of parties request additional time to prepare 
for oral argument (e.g., NITL requests to have 25 days to prepare for 
oral argument; and ARU requests to have 60 days to prepare for oral 
argument). Several parties urge that the Board should take more time 
(e.g., at least 45 days) to consider briefs before the voting 
conference and to take the time necessary to consider fully the overall 
record. We will extend the schedule to allow parties to have 45 days 
(Day F + 290), rather than 15 days, to prepare for oral argument (close 
of record). The voting conference (at the Board's discretion) is 
scheduled 5 days thereafter on Day F + 295, which will allow the Board 
50 days, rather than 20 days, to consider the briefs. The date of 
service of the final decision is scheduled 55 days thereafter on Day F 
+ 350.
    Discovery. The Society of Plastics raises concern that applicants 
may burden parties with discovery requests before the filing of 
comments, and proposes revised language for the procedural schedule. We 
do not find it necessary to revise any language in the procedural 
schedule. We will clarify, however, that discovery on parties filing 
comments, protests, requests for conditions, and inconsistent and 
responsive applications may begin on Day F + 120, or earlier if parties 
mutually agree.
    In accordance with our decision in STB Ex Parte No. 527 served on 
October 1, 1996, and published in the Federal Register on October 8, 
1996 (61 FR 52710), parties should not file any discovery requests or 
materials with the Board unless they are attached as part of an 
evidentiary submission, motions to compel, or responses thereto. The 
Secretary's Office will otherwise reject them.
    If the parties wish to engage in any discovery or establish any 
discovery guidelines, they are directed to consult with Administrative 
Law Judge Jacob Leventhal. Judge Leventhal is authorized to convene a 
discovery conference, if necessary and as appropriate, in Washington, 
DC, and to establish such discovery guidelines, if any, as he deems 
appropriate. However, Judge Leventhal is not authorized to make 
adjustments to, or to modify, the dates in the procedural schedule. We 
believe the schedule as adopted allows sufficient time for meaningful 
discovery. Any interlocutory appeal to a decision issued by Judge 
Leventhal will be governed by the stringent standard of 49 CFR 
1115.1(c): ``Such appeals are not favored; they will be granted only in 
exceptional circumstances to correct a clear error of judgment or to 
prevent manifest injustice.'' See Union Pacific Corporation, Union 
Pacific Railroad Company and Missouri Pacific Railroad Company--
Control--Chicago and North Western Transportation Company and Chicago 
and North Western Railway Company, Finance Docket No. 32133, Decision 
No. 17, at 9 (ICC served July 11, 1994) (applying the ``stringent 
standard'' of 49 CFR 1115.1(c) to an appeal of an interlocutory 
decision issued by former Chief Administrative Law Judge Paul S. 
Cross).
    Deadlines applicable to appeals and replies. As in prior merger 
proceedings, we think it appropriate to tighten the deadlines provided 
by 49 CFR 1115.1(c). Accordingly, the provisions of the second sentence 
of 49 CFR 1115.1(c) to the contrary notwithstanding, an appeal to a 
decision issued by Judge Leventhal must be filed within 3 working days 
of the date of his decision, and any response to any such appeal must 
be filed within 3 working days thereafter. Likewise, any reply to any 
procedural motion filed with the Board itself in the first instance 
must also be filed within 3 working days of the date the motion is 
filed.
    Errata filings. The procedural schedule that we are adopting should 
provide parties ample time to build a sufficient record for us to make 
a reasoned decision in this proceeding. We do not intend to permit this 
process to be marred by the filing of errata sheets significantly 
altering the evidence and conclusions contained in earlier submissions, 
as such filings may curtail the ability of parties to respond fully and 
adequately to the record within the time frames we have established.
    Merger-related abandonments. As indicated in Decision No. 7, the 
procedural schedule applicable to merger-related abandonments will be 
as follows: (1) All merger-related abandonment proposals (which may be 
filed as applications, petitions, and/or notices) are to be filed, with 
any and all supporting documentation, simultaneously with the primary 
application; and (2) if the primary application is complete, we shall 
publish in the Federal Register, by Day F + 30, notice of the 
acceptance of the

[[Page 29391]]

primary application as well as notice of any merger-related abandonment 
proposals. Thereafter, with respect to each merger-related abandonment 
proposal: (3) interested parties must file notifications of intent to 
participate in the proceeding by Day F + 45; (4) interested parties 
must file opposition submissions, requests for public use conditions, 
and/or Trails Act requests by Day F + 120; (5) applicants may file 
rebuttal in support of their abandonment proposals, and/or responses to 
any requests for public use conditions and Trails Act requests, by Day 
F + 175; (6) as with the primary application and all related matters, 
briefs shall be due by Day F + 245, oral argument will be held on Day F 
+ 290, and a voting conference will be held, at the Board's discretion, 
on Day F + 295; and (7) if, in the final decision served on Day F + 
350, we approve the primary application, we shall also address, in that 
final decision, each of the abandonment proposals, and all matters 
(including requests for public use conditions and Trails Act requests) 
relative thereto; and if we either approve or exempt any of the 
abandonment proposals, we shall allow interested parties to file, no 
later than 10 days after the date of service of the final decision, 
offers of financial assistance with respect to any approved or exempted 
abandonments.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: May 22, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.

Final Procedural Schedule

F -30 Preliminary Environmental Report, including supporting documents 
due.
F Primary application & related applications, petitions, and notices 
filed. (Environmental Report, including all supporting documents due.)
F +30 Federal Register publication of: Notice of acceptance of primary 
application and related applications, petitions, and notices; and 
notice(s) of any merger-related abandonment applications, petitions, 
and notices of exemption.
F +45 Notification of intent to participate in proceeding due.
F +60 Description of anticipated inconsistent and responsive 
applications due; petitions for waiver or clarification due with 
respect to such applications.
F +100 Responsive Environmental Report and Environmental Verified 
Statements for inconsistent and responsive applicants due.
F +120 Inconsistent and responsive applications due. All comments, 
protests, requests for conditions, and any other opposition evidence 
and argument due. Comments by U.S. Department of Justice and U.S. 
Department of Transportation due. With respect to all merger-related 
abandonments: opposition submission, requests for public use 
conditions, and Trails Act requests due.
F +150 Notice of acceptance (if required) of inconsistent and 
responsive applications published in the Federal Register.
F +175 Response to inconsistent and responsive applications due. 
Response to comments, protests, requested conditions, and other 
opposition arguments and evidence due. Rebuttal in support of primary 
application and related applications, petitions, and notices due. With 
respect to all merger-related abandonments: rebuttal due; and responses 
to requests for public use and Trails Act conditions due.
F +205 Rebuttal in support of inconsistent and responsive applications 
due.
F +245 Briefs due, all parties (not to exceed 50 pages).
F +290 Oral argument (close of record).
F +295 Voting conference (at Board's discretion).
F +350 Date of service of final decision.

    With respect to any approved or exempted abandonments: Offers of 
financial assistance may be filed no later than 10 days after the date 
of service of the final decision.

    Notes: Immediately upon each evidentiary filing, the filing 
party will place all documents relevant to the filing (other than 
documents that are privileged or otherwise protected from discovery) 
in a depository open to all parties, and will make its witnesses 
available for discovery depositions. Access to documents, subject to 
protective order, will be appropriately restricted. Parties seeking 
discovery depositions may proceed by agreement. Discovery on 
responsive and inconsistent applications will begin immediately upon 
their filing. The Administrative Law Judge assigned to this 
proceeding will have the authority initially to resolve any 
discovery disputes.

[FR Doc. 97-14172 Filed 5-29-97; 8:45 am]
BILLING CODE 4915-00-P