82 FR 30936 - United States Department of Energy and United States Department of Defense v. Baltimore & Ohio Railroad Company, et al.; United States Department of Energy and United States Department of Defense v. Aberdeen & Rockfish Railroad Company, et al.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 126 (July 3, 2017)

The Surface Transportation Board (Board) has approved the settlement agreement (Agreement) proposed by the United States Department of Energy and the United States Department of Defense (together, the Government) and Norfolk Southern Railway Company (NSR); prescribed the Agreement's rate update methodologies (as slightly amended), maximum revenue-to-variable cost (R/VC) ratios, and rates; dismissed NSR as a defendant in these proceedings; extinguished all of NSR's liability (including that of its predecessors and subsidiaries) for reparations; relieved NSR from any further requirement to participate in these proceedings, except in response to a properly issued subpoena under the Board's rules; and continued to hold the proceedings in abeyance pending further settlement negotiations.

[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30936-30937]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13966]


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SURFACE TRANSPORTATION BOARD

[Docket No. NOR 38302S; Docket No. NOR 38376S]


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

AGENCY: Surface Transportation Board.

ACTION: Final Decision.

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SUMMARY: The Surface Transportation Board (Board) has approved the 
settlement agreement (Agreement) proposed by the United States 
Department of Energy and the United States Department of Defense 
(together, the Government) and Norfolk Southern Railway Company (NSR); 
prescribed the Agreement's rate update methodologies (as slightly 
amended), maximum revenue-to-variable cost (R/VC) ratios, and rates; 
dismissed NSR as a defendant in these proceedings; extinguished all of 
NSR's liability (including that of its predecessors and subsidiaries) 
for reparations; relieved NSR from any further requirement to 
participate in these proceedings, except in response to a properly 
issued subpoena under the Board's rules; and continued to hold the 
proceedings in abeyance pending further settlement negotiations.

DATES: Effective Date: The decision is effective on July 28, 2017.

FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe, (202) 245-0376. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: 1-800-877-8339.

SUPPLEMENTARY INFORMATION: In a decision served on June 28, 2017, the 
Board, under 49 U.S.C. 10704, approved the Agreement negotiated by the 
Government and NSR to settle these rate

[[Page 30937]]

reasonableness complaints as between them only. The Agreement--which 
applies broadly to the nationwide movement on NSR's rail lines of 
irradiated spent fuel, parts, and constituents; spent fuel moving from 
foreign countries to the United States for disposal; empty casks; 
radioactive wastes; and buffer and escort cars--will be implemented by 
NSR tendering rate quotations to the Government pursuant to 49 U.S.C. 
10721.
    In addition, the Board: (1) Uprescribed the Agreement's rate update 
methodologies (as slightly amended), maximum R/VC ratios, and rates; 
(2) dismissed NSR as a defendant in these proceedings; (3) extinguished 
all of NSR's liability (including that of its predecessors and 
subsidiaries) for reparations; (4) relieved NSR from any further 
requirement to participate in these proceedings, except in response to 
a properly issued subpoena under the Board's rules; and (5) continued 
to hold these proceedings in abeyance pending further settlement 
negotiations.
    The Board's decision is available on its Web site at www.stb.gov.

    Decided: June 26, 2017.

    By the Board, Board Members Begeman, Elliott, and Miller.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2017-13966 Filed 6-30-17; 8:45 am]
BILLING CODE 4915-01-P