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Surface Transportation Board Announces Results of December 13 Voting Conference



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>From the Surface Transportation Board, Washington, D.C.
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Surface Transportation Board Chairman Roger Nober today announced the
results of the voting conference held today, December 13, 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.

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ATTACHMENT
_______________
Fact Sheet

VOTING RESULTS OF SURFACE TRANSPORTATION BOARD'S DECEMBER 13, 2004 VOTING
CONFERENCE

-Railroad Ventures, Inc.--Abandonment Exemption--Between Youngstown, OH,
and Darlington, PA, in Mahoning and Columbiana Counties, OH, and Beaver
County, PA, STB Docket No. AB-556 (Sub-No. 2X).

Before the Members in this case were three remaining disputes among the
parties concerning Railroad Ventures, Inc.'s (RVI) sale of a rail line in
eastern Ohio and western Pennsylvania pursuant to the offer of financial
assistance (OFA) provisions of the Interstate Commerce Act.

The Members voted, 3-0, to (1) deny an RVI petition to reopen the OFA
proceeding in this matter; (2) grant a motion by Columbiana County Port
Authority and Central Columbiana & Pennsylvania Railway, Inc. (collectively
referred to as CCPA/CCPR), which bought the line, that the STB require RVI
to answer interrogatories and to produce documents; and (3) address a joint
CCPA-CCPR motion requesting the STB to determine whether funds that the
agency had ordered to be transferred to them by RVI, as a condition to the
forced sale of the line, after a previously established escrow arrangement
had failed, were spent according to the STB's conditions.


-Arizona Public Service Company & PacifiCorp v. The Burlington Northern and
Santa Fe Railway Company, Docket No. 41185.

The Members voted, 3 -0, to find that the evidence submitted by the parties
on reopening of this railroad rate-complaint case because of the impending
shutdown of the McKinley coal mine, near Gallup, New Mexico, affects the
"stand-alone cost" analysis adopted by the STB in an earlier decision, and
that the STB's previous rate prescription should be vacated.  The Members
thus voted to dismiss the proceeding.


-Public Service Company of Colorado d/b/a Xcel Energy v. The Burlington
Northern and Santa Fe Railway Company, STB Docket No. 42057.

The Members voted, 3 -0, to make technical corrections to the agency's
prior decision, issued in this proceeding on June 8, 2004, addressing the
challenge by the Public Services Company of Colorado, doing business as
Xcel Energy, to the reasonableness of the rates charged by The Burlington
Northern and Santa Fe Railway Company for movements of coal from origins in
the Powder River Basin of Wyoming to Xcel's Pawnee steam electric
generating plant near Brush, Colorado.


-Otter Tail Power Company v. The Burlington Northern and Santa Fe Railway
Company, STB Docket No. 42071.

The Members voted, 3-0, to instruct both the Otter Tail Power Company and
The Burlington Northern and Santa Fe Railway Company to file supplemental
evidence so that the STB may have a full record upon which to analyze
traffic-group issues raised in this railroad-rate complaint case.


-DHX Inc., v. Matson Navigation Company and Sea-Land Service, Inc., STB
Docket No. WCC-105.

The Members voted, 3-0, to deny an amended complaint filed by DHX, Inc., a
freight forwarder (a cargo aggregator that assembles and consolidates the
traffic of several shippers into larger lots), challenging the
reasonableness of the rates and practices of Matson Navigation Company and
Sea-Land Service, Inc., now known as Horizon Lines, Inc., two water
carriers in noncontiguous domestic trade (domestic transportation service
to or from points in Alaska, Hawaii, or U.S. territories or possessions).


-Motor Carrier Bureaus--Periodic Review Proceeding, STB Ex Parte No. 656.

The Members voted, 3-0, to begin the statutorily required, periodic
(five-year) STB review proceeding for the agreements of trucking rate and
service bureaus.


-Railroad Cost of Capital--2004, STB Ex Parte No. 558 (Sub-No. 8).

The Members voted, 3-0, to begin a proceeding to determine the railroad
industry's cost of capital for the year 2004.

The STB's decision announcing the voting-conference agenda was issued on
December 6,  2004 in Meetings of the Board, STB Ex Parte No. 333.  That
decision is available for viewing and downloading via the agency's Web site
at http://www.stb.dot.gov.  A printed copy of the agency's decision also is
available for a fee by contacting ASAP Document Solutions, 9332 Annapolis
Rd., Suite 103, Lanham, MD 20706, telephone (202) 306-4004, or via
asapdc@xxxxxxxxxxxx

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