[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Notices]
[Page 19285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9239]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34027]


Public Service Company of Colorado d/b/a Xcel Energy--Acquisition 
Exemption--The Burlington Northern and Santa Fe Railway Company

    Public Service Company of Colorado d/b/a Xcel Energy (Xcel), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire non-exclusive trackage rights from The Burlington 
Northern and Santa Fe Railway Company (BNSF) over a segment of BNSF 
trackage in the vicinity of Pueblo, CO. The trackage extends from a 
connection between BNSF and the Union Pacific Railroad Company (UP) at 
Pueblo Junction, at or near milepost 119.45 (BNSF's Spanish Peak Sub-
division), to a connection with Xcel's Comanche Electric Generating 
Station (Comanche Station) spur track near Southern Junction, at 
milepost 124.74 (BNSF's Spanish Peak Sub-division), a distance of 5.29 
miles.\1\
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    \1\ According to the verified notice, the trackage rights are to 
provide service to the Comanche Station and other industries that 
are now located and that hereafter locate along the Comanche Station 
spur track. The verified notice also indicates that any rail 
operations using the trackage rights granted to Xcel will be 
conducted by a third party, which, the notice states, most likely 
will be UP. Anticipated rail operations by a third party over BNSF's 
trackage is subject to the Board's approval or exemption.
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    The verified notice states that the parties expected to consummate 
the transaction on or around March 28, 2001. Counsel for Xcel has been 
contacted and has expressed his understanding that the earliest the 
transaction can be consummated is the April 6, 2001 effective date of 
the exemption (7 days after the exemption was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. 
The filing of a petition to revoke will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34027 must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Thomas W. Wilcox, Esq., Thompson Hine & Flory LLP, 1920 N 
Street, NW., Suite 800, Washington, DC 20036-1601.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: April 5, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-9239 Filed 4-12-01; 8:45 am]
BILLING CODE 4915-00-P