[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Notices]
[Page 44418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15188]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket Nos. 38302S and 38376S]


United States Department of Energy and United States Department 
of Defense v. Baltimore & Ohio Railroad Company, et al. and Aberdeen & 
Rockfish Railroad Company, et al.

AGENCY: Surface Transportation Board, DOT.

ACTION: Final decision.

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SUMMARY: The Surface Transportation Board (Board) approved the 
Settlement Agreement negotiated in these cases by the United States 
Departments of Energy and Defense (the Government) and by the Union 
Pacific Railroad Company (UP), prescribed the Agreement's rate and rate 
update methodologies as the maximum reasonable rate level, extinguished 
UP's liability for reparations, and agreed not to entertain cross-
complaints against UP in subsequent proceedings involving the 
Government's claims for reparations against remaining railroad 
defendants that participated in through rates with UP. The Board 
declined in part to rule on, and granted in part, the Government's 
separate request for ground rules to govern future proceedings against 
remaining railroad defendants and granted the Government's request to 
continue holding these proceedings in abeyance subject to the 
Government reporting quarterly on the progress of settlement 
negotiations.

DATES: The decision is effective on September 1, 2005.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-
1600.[Federal Information Relay Service (FIRS) for the hearing 
impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The Board under 49 U.S.C. 10704 approved the 
Settlement Agreement negotiated by the Government and UP in these 
cases. The Agreement applies broadly to the nationwide movement over UP 
of spent nuclear fuel and ``irradiated parts or constituents'' in 
casks; other radioactive wastes requiring protective shielding or 
labeling, marking, or placarding; empty casks; and buffer and escort 
cars (covered movements). The Agreement recognizes that the 
transportation of the covered movements over UP constitutes common 
carrier service; adopts guidelines for safe handling and security; and 
obligates UP to provide on an as needed basis ``extra services.'' It 
also adopts rate methodologies and procedures to: (1) Govern all 
current and future covered movements anywhere on UP's system; (2) 
compensate UP for ``extra services'' and Government-requested dedicated 
train service; and (3) calculate equitable compensation to reimburse UP 
for emergency-related costs. Additionally, the Agreement adopts 
alternative dispute resolution procedures with final recourse to the 
Board and mechanisms to renegotiate portions of the Agreement if 
specific circumstances change or if changed circumstances make further 
adherence to the terms of the Agreement ``grossly inequitable'' to 
either party.
    Additional information is available in the Board's decision, posted 
on the agency's Web site at http://WWW.STB.DOT.GOV.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: July 27, 2005.

    By the Board, Chairman Nober, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. 05-15188 Filed 8-1-05; 8:45 am]
BILLING CODE 4915-01-U