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Surface Transportation Board Announces Results of August 11 Voting Conference

>From the Surface Transportation Board, Washington, D.C.

Surface Transportation Board Chairman Roger Nober today announced the
results of the voting conference held today, August 11, 2004, by the STB.

The list of cases on which Chairman Nober, Vice Chairman Mulvey, and
Commissioner Buttrey voted, and the outcome of the voting, are attached as
a fact sheet.


Fact Sheet


-CF Industries, Inc. v. Kaneb Pipe Line Partners, L.P. and Kaneb Pipe Line
Operating Partnership, L.P., STB Docket No. 42084.

The Board voted unanimously to order the pipeline to reduce its rates to
the levels previously prescribed in an earlier proceeding and to reimburse
the shipper for excess charges already paid.  The Board also voted to ask
the parties to present additional evidence so that the agency can determine
whether changed circumstances warrant vacating the rate prescription for
future transportation.

-North America Freight Car Association--Protest and Petition for
Publications of The Burlington Northern and Santa Fe Railway Company, STB
Docket No. 42060.  [This case embraces North America Freight Car
Association v. The Burlington Northern and Santa Fe Railway Company, STB
Docket No. 42060 (Sub-No. 1)].

The Board voted unanimously to find that Burlington Northern's car storage
and diversion charges on certain private cars do not violate an agreement
between the railroad industry and private car owners that was approved by
the Board's predecessor, the Interstate Commerce Commission, in 1978.  The
Board also voted to deny Burlington Northern's motion to dismiss a separate
complaint charging that the carrier's storage and demurrage charges on
private cars in general violate the Interstate Commerce Act.

-City of Lincoln--Petition for Declaratory Order, STB Finance Docket No.

The Board voted unanimously to find that the City of Lincoln's proposed
taking of a 20-foot-wide strip of railroad right-of-way under state eminent
domain law would be federally preempted.

-Town of Milford, MA--Petition for Declaratory Order, STB Finance Docket
No. 34444.

The Board voted unanimously to find that an entity named the Boston Railway
Terminal Company is not a railroad and that, therefore, certain activities
that the company wishes to conduct on land owned by a railroad would not be
federally preempted, but instead would be subject to state and local laws
and regulations.

-Railroad Revenue Adequacy--2003 Determination, STB Ex Parte No. 552
(Sub-No. 8).

The Board voted unanimously to find that no Class I railroad earned the
railroad industry's cost of capital for the year 2003 (which was 9.4%) and
that, thus, no railroad was "revenue adequate" for 2003.

-Chelsea Property Owners--Abandonment--Portion of the Consolidated Rail
Corporation's West 30th Street Secondary Track in New York, NY, Docket No.
AB-167 (Sub-No 1094)A.

The Board voted unanimously to deny a request to extend the period during
which Offers of Financial Assistance will be accepted for a rail line in
New York City, and to further hold the proceeding in abeyance so that
parties can continue negotiating to resolve some of the matters at issue.

-A & R Line, Inc.--Abandonment Exemption--in Cass and Pulaski Counties, IN,
STB Docket No. AB-855 (Sub-No. 1X).

The Board voted unanimously to deny a request by Pulaski County to require
the railroad or trail sponsor to post a performance bond or to escrow funds
for potential removal or cleanup costs for rail property that will be
railbanked and used in the interim as a trail.

The STB provides the above summaries as a courtesy to the public and the
media. The actions of the agency in these cases, however, are its written
decisions.  Those decisions will be forthcoming, and will be available for
viewing (under "E-Library/"Decisions & Notices") and downloading via the
STB's Web site at http://www.stb.dot.gov.  Printed copies of the decisions
also will be available for a fee by contacting ASAP Document Solutions,
9332 Annapolis Rd., Suite 103, Lanham, MD 20706, telephone (301) 577-2600,
or via asapmd@xxxxxxxxxxxx

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