[Federal Register Volume 68, Number 46 (Monday, March 10, 2003)]
[Notices]
[Pages 11443-11444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5447]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34318]


Union Pacific Railroad Company--Trackage Rights Exemption--
Midwest Generation, LLC

    Midwest Generation, LLC (Midwest), pursuant to a written trackage 
rights agreement entered into between Midwest and Union Pacific 
Railroad Company (UP), has agreed to grant local trackage rights to UP 
over Midwest's entire line of railroad, approximately 4,007 feet long 
in Will County, IL, extending from Midwest's power plant in Joliet, IL, 
to a connection with nearby track owned by UP.\1\
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    \1\ Construction of the track at issue (Midwest's entire line) 
was authorized by the Board in Midwest Generation, LLC--Exemption 
From 49 U.S.C. 10901--For Construction in Will County, IL, STB 
Finance Docket No. 34060, et al., (STB served Oct. 4, 2002). UP 
indicates that part of the construction for the proposed trackage 
rights was recently completed and part will be constructed in the 
future.

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[[Page 11444]]

    The transaction was scheduled to be consummated on March 1, 2003. 
The earliest the transaction could have been consummated was February 
28, 2003, the effective date of the exemption (7 days after the 
exemption was filed).
    The purpose of the proposed trackage rights is to enable UP to 
deliver coal to Midwest's plant without interchanging its traffic to 
Illinois Central Railroad Company.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions 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. 34318, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Robert T. Opal, 1416 Dodge 
Street, Room 830, Omaha, NE 68179.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 3, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-5447 Filed 3-7-03; 8:45 am]
BILLING CODE 4915-00-P