Author Topic: NKP Trail Updates  (Read 17320 times)

Wema

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Re: NKP Trail Updates
« Reply #260 on: June 21, 2019, 09:37:47 AM »
Looks like bids are going out soon for removal of rails...

https://twitter.com/larryinfishers/status/1138753697582858240?s=21

Looks like bids due June 28 and work must start on July 29: https://www.indystar.com/story/news/local/hamilton-county/2019/06/21/nickel-plate-rr-track-removal-very-heavy-job/1445699001/

Scrap: Need any more rail or ties for any of your companies?

monon_rr

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Re: NKP Trail Updates
« Reply #261 on: June 21, 2019, 01:31:08 PM »
The irony was on Fox 59 this morning (they did their morning show live in Fishers) - they highlighted the history of the town being the railroad and it's importance to modern day Fishers.

BourdonBoy

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Re: NKP Trail Updates
« Reply #262 on: Yesterday at 02:25:47 PM »
Not a huge deal, but I just saw that U.S. Rail's motion for protective order was granted by the STB last Monday 6/17/2019.
It also states that U.S. Rail's motion for leave to file a rebuttal "will be addressed in a later decision."

https://www.stb.gov/Decisions/readingroom.nsf/WEBUNID/8FA59D842ACAF7368525841C004FC5E8?OpenDocument

47075                                      SERVICE DATE - JUNE 17, 2019
DO

SURFACE TRANSPORTATION BOARD

DECISION

Docket No. FD 36137

CITY OF FISHERS, CITY OF NOBLESVILLE, & HAMILTON COUNTY, IND. — PETITION FOR PARTIAL REVOCATION OF EXEMPTION

Docket No AB 290 (Sub-No. 117X)[1]

NORFOLK & WESTERN RAILWAY—ABANDONMENT EXEMPTION—BETWEEN INDIANAPOLIS & TIPTON IN MARION, HAMILTON, & TIPTON COUNTIES, IND.


MOTION FOR PROTECTIVE ORDER
Decided:  June 14, 2019

On August 1, 2017, the cities of Fishers, Ind. (Fishers), and Noblesville, Ind. (Noblesville), and Hamilton County, Ind. (collectively, the Owners), jointly filed a petition in Docket No. FD 36137 to partially revoke their exempt status on 37.56 miles of rail line between milepost I‑2.13 at Indianapolis, Ind., and milepost I‑39.69 at Tipton, Ind. (the Line), in order to pursue interim trail use for the Line.  On May 31, 2018, the Board issued a decision finding that the Owners could pursue railbanking of the Line without revocation of their exemption authority.  City of Fishers—Pet. for Partial Revocation of Exemption, FD 36137 (STB served May 31, 2018).  Thereafter, the Board received requests for issuance of notices of interim trail use or abandonment (NITUs) for portions of the Line, one each from Fishers, Noblesville, and the City of Indianapolis, Ind. (Indianapolis), in Docket No. AB 290 (Sub‑No. 117X).  In a decision served December 21, 2018, the Board, among other things, issued the three requested NITUs.  City of Fishers—Pet. for Partial Revocation of Exemption, FD 36137 et al. (STB served Dec. 21, 2018).

On March 29, 2019, US Rail Holdings, LLC (US Rail), filed a motion to vacate the NITUs and to reactivate rail service and a motion for a preliminary injunction under 49 U.S.C. § 1321(b)(4), to which the Owners replied.  On May 10, 2019, US Rail filed a motion for leave to file a rebuttal, and, as relevant here, a motion for a protective order as well as public and redacted versions of its rebuttal.  On May 17, 2019, the Owners filed a motion to reject and to strike, urging the Board to deny the motions and strike the rebuttal from the record.[2]  US Rail replied to the Owners’ motion on May 22, 2019.

This decision addresses only the motion for a protective order.  US Rail’s motion for leave to file a rebuttal will be addressed in a later decision.

US Rail states that the redacted information in its rebuttal is “highly confidential and commercially sensitive, relating to [US Rail’s] financing.”  (US Rail Mot. for Protective Order 1.)  US Rail further states that a protective order is “necessary to protect this highly confidential information from public disclosure.”  (Id.)  The Owners argue that the Board should deny the motion for protective order “to avoid tacitly approving the introduction of [US Rail’s]” rebuttal information, and “to avoid burdening the Owners with the task of formulating a substantive response to an unsanctioned Rebuttal.”  (Owners Motion to Reject & to Strike 3, May 17, 2019.)

The motion conforms with the Board’s rules at 49 C.F.R. § 1104.14 governing protective orders to maintain the confidentiality of materials submitted to the Board, and the Owners do not dispute US Rail’s contention that the information submitted is highly confidential and commercially sensitive.  Issuance of the protective order will ensure that confidential information will be used solely for this proceeding and not for other purposes.  Accordingly, the motion for a protective order will be granted and the documents will be made subject to the Protective Order and the Undertakings, as modified in the Appendix to this decision.


It is ordered:

1.  The motion for a protective order is granted, and the Protective Order and Undertaking in the Appendix to this decision are adopted.

2.  The unredacted documents submitted in Docket Nos. FD 36137 and AB 290 (Sub‑No. 117X) will be kept under seal by the Board and not placed in the public docket or otherwise disclosed to the public, unless the attached Undertaking is executed and the terms of the Protective Order are followed, or unless otherwise ordered by the Board.

3.  This decision is effective on its service date.

 By the Board, Allison C. Davis, Director, Office of Proceedings.


NS7112

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Re: NKP Trail Updates
« Reply #263 on: Yesterday at 05:12:30 PM »
Not a huge deal, but I just saw that U.S. Rail's motion for protective order was granted by the STB last Monday 6/17/2019.
It also states that U.S. Rail's motion for leave to file a rebuttal "will be addressed in a later decision."

https://www.stb.gov/Decisions/readingroom.nsf/WEBUNID/8FA59D842ACAF7368525841C004FC5E8?OpenDocument

47075                                      SERVICE DATE - JUNE 17, 2019
DO

SURFACE TRANSPORTATION BOARD

DECISION

Docket No. FD 36137

CITY OF FISHERS, CITY OF NOBLESVILLE, & HAMILTON COUNTY, IND. — PETITION FOR PARTIAL REVOCATION OF EXEMPTION

Docket No AB 290 (Sub-No. 117X)[1]

NORFOLK & WESTERN RAILWAY—ABANDONMENT EXEMPTION—BETWEEN INDIANAPOLIS & TIPTON IN MARION, HAMILTON, & TIPTON COUNTIES, IND.


MOTION FOR PROTECTIVE ORDER
Decided:  June 14, 2019

On August 1, 2017, the cities of Fishers, Ind. (Fishers), and Noblesville, Ind. (Noblesville), and Hamilton County, Ind. (collectively, the Owners), jointly filed a petition in Docket No. FD 36137 to partially revoke their exempt status on 37.56 miles of rail line between milepost I‑2.13 at Indianapolis, Ind., and milepost I‑39.69 at Tipton, Ind. (the Line), in order to pursue interim trail use for the Line.  On May 31, 2018, the Board issued a decision finding that the Owners could pursue railbanking of the Line without revocation of their exemption authority.  City of Fishers—Pet. for Partial Revocation of Exemption, FD 36137 (STB served May 31, 2018).  Thereafter, the Board received requests for issuance of notices of interim trail use or abandonment (NITUs) for portions of the Line, one each from Fishers, Noblesville, and the City of Indianapolis, Ind. (Indianapolis), in Docket No. AB 290 (Sub‑No. 117X).  In a decision served December 21, 2018, the Board, among other things, issued the three requested NITUs.  City of Fishers—Pet. for Partial Revocation of Exemption, FD 36137 et al. (STB served Dec. 21, 2018).

On March 29, 2019, US Rail Holdings, LLC (US Rail), filed a motion to vacate the NITUs and to reactivate rail service and a motion for a preliminary injunction under 49 U.S.C. § 1321(b)(4), to which the Owners replied.  On May 10, 2019, US Rail filed a motion for leave to file a rebuttal, and, as relevant here, a motion for a protective order as well as public and redacted versions of its rebuttal.  On May 17, 2019, the Owners filed a motion to reject and to strike, urging the Board to deny the motions and strike the rebuttal from the record.[2]  US Rail replied to the Owners’ motion on May 22, 2019.

This decision addresses only the motion for a protective order.  US Rail’s motion for leave to file a rebuttal will be addressed in a later decision.

US Rail states that the redacted information in its rebuttal is “highly confidential and commercially sensitive, relating to [US Rail’s] financing.”  (US Rail Mot. for Protective Order 1.)  US Rail further states that a protective order is “necessary to protect this highly confidential information from public disclosure.”  (Id.)  The Owners argue that the Board should deny the motion for protective order “to avoid tacitly approving the introduction of [US Rail’s]” rebuttal information, and “to avoid burdening the Owners with the task of formulating a substantive response to an unsanctioned Rebuttal.”  (Owners Motion to Reject & to Strike 3, May 17, 2019.)

The motion conforms with the Board’s rules at 49 C.F.R. § 1104.14 governing protective orders to maintain the confidentiality of materials submitted to the Board, and the Owners do not dispute US Rail’s contention that the information submitted is highly confidential and commercially sensitive.  Issuance of the protective order will ensure that confidential information will be used solely for this proceeding and not for other purposes.  Accordingly, the motion for a protective order will be granted and the documents will be made subject to the Protective Order and the Undertakings, as modified in the Appendix to this decision.


It is ordered:

1.  The motion for a protective order is granted, and the Protective Order and Undertaking in the Appendix to this decision are adopted.

2.  The unredacted documents submitted in Docket Nos. FD 36137 and AB 290 (Sub‑No. 117X) will be kept under seal by the Board and not placed in the public docket or otherwise disclosed to the public, unless the attached Undertaking is executed and the terms of the Protective Order are followed, or unless otherwise ordered by the Board.

3.  This decision is effective on its service date.

 By the Board, Allison C. Davis, Director, Office of Proceedings.

Soooooo.....can someone basically translate this?  Does this hold up the City of Fishers now from removing the rails in the near future?

BourdonBoy

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Re: NKP Trail Updates
« Reply #264 on: Yesterday at 05:39:04 PM »
In a nutshell, it's just saying that the STB has agreed to keep confidential certain facts about U.S. Rail's finances that would otherwise be revealed in public versions of the supporting paperwork they have filed as part of their attempt to purchase and operate this portion of the IMC line.

This decision has nothing to do with preventing Fishers/Noblesville from removing track and ties.  However, my understanding is that the "later decision" mentioned in this document will, in fact, pertain to that.
Like many others, though, I'm not holding my breath.  I expect that they will unfortunately be able to proceed with their trail plans.
« Last Edit: Yesterday at 05:49:32 PM by BourdonBoy »

monon_rr

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Re: NKP Trail Updates
« Reply #265 on: Yesterday at 10:15:47 PM »
In a nutshell, it's just saying that the STB has agreed to keep confidential certain facts about U.S. Rail's finances that would otherwise be revealed in public versions of the supporting paperwork they have filed as part of their attempt to purchase and operate this portion of the IMC line.

This decision has nothing to do with preventing Fishers/Noblesville from removing track and ties.  However, my understanding is that the "later decision" mentioned in this document will, in fact, pertain to that.
Like many others, though, I'm not holding my breath.  I expect that they will unfortunately be able to proceed with their trail plans.

Fishers is either confident in the decision or is trying to pull them up before the decision comes down. I don't see US Rail winning this.

CSX_CO

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Re: NKP Trail Updates
« Reply #266 on: Yesterday at 11:21:59 PM »
Fishers is either confident in the decision or is trying to pull them up before the decision comes down. I don't see US Rail winning this.

This has been so back and forth, has trail use been granted?  If so, my understanding is they can go ahead with pulling rails.  It was officially abandoned back in the 90’s, even though service continued.

US Rail was wanting an injunction to prevent rails from being lifted, I don’t know if that was granted, or a decision made?  If it wasn’t, then my understanding is they can pull the rails.

If they’re starting to pull rails, I’m guessing Fishers has their ducks in a row on this.  Their counsel has been pretty much on top of things during this.
« Last Edit: Today at 02:11:45 AM by CSX_CO »