Friday, June 10, 2011

STB Response to Canexus Complaint

On Wednesday the Surface Transportation Board (STB) published their ‘decision’ in the Canexus v BNSF complaint about rail transportation of chlorine. This decision is not a final action in any sense of the term; it is merely a notice to BNSF that it must formally reply to the complaint by June 15th. Additionally, because of the time issue raised in the Canexus complaint the Board provided notice that if a hearing is necessary it would be scheduled for June 23rd.

The Board apparently agrees with my initial assessment that this may end up being a TIH routing issue. It has notified UP, the second railroad involved in this conflict, that it should “submit a pleading addressing its legal obligation, if any, to interchange with BNSF at Spokane and Portland”.

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