27 December 2007
STB Accepts CP Rail Application in DM&E Deal
Washington District of Columbia USA - The Surface
Transportation Board announced today that it has accepted for consideration the Canadian Pacific Railway Corporation and its
subsidiaries' (CPRC) application to control the Dakota, Minnesota & Eastern Railroad Corporation (DM&E) and its subsidiary, and
additionally found the proposed transaction to be "significant" under the Board's rules. The Board has adopted a procedural
schedule that would include the filing of the notices of intent to participate on 25 Jan 2008, and the issuance of a final
decision on 30 Sep 2008, to become effective one month later, on 30 Oct 2008. A copy of the Board's schedule
is attached.
The Board accepted the application today in its "Decision No. 4" in the case entitled Canadian Pacific Railway Company, et
al. Dakota, Minnesota & Eastern Railroad Corp., et al., STB Finance Docket No. 35081, which will be published in the Federal
Register and is available for viewing and downloading on the agency's Web site at http://www.stb.dot.gov under
"E-Library," then under "Decisions & Notices," beneath the date "12/27/07." Printed copies of the
decision also are available for a fee by contacting ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706, telephone
(202) 306-4004, or via asapdc@verizon.net.
Procedural Schedule in Canadian Pacific Railroad Company, et al. Dakota, Minnesota & Eastern Railroad Corp., et al.
STB Finance Docket No. 35081
10 Sep 2007: Motion for Protective Order filed.
21 Sep 2007: Protective Order issued.
5 Oct 2007: Prefiling notification and Motion to Establish Procedural Schedule filed.
8 Nov 2007: Notice of receipt of prefiling notification published in the Federal Register.
29 Nov 2007: Proposed procedural schedule published in the Federal Register.
5 Dec 2007: Application filed.
4 Jan 2008: Board notice of acceptance of application to be published in the Federal Register.
25 Jan 2008: Notices of intent to participate in this proceeding due. Descriptions of anticipated responsive applications
(including inconsistent applications) due. Petitions for waiver or clarification with respect to such applications due.
4 Feb 2008: Proposed Safety Integration Plan to be filed with the Board's Section of Environmental Analysis (SEA) and the Federal
Railroad Administration. Environmental comments due, addressed to the attention of SEA.
4 Mar 2008: All responsive applications, requests for conditions, and any other evidence and argument in opposition to the
application, including filings of U.S. Dept. of Justice (DOJ) and U.S. Dept. of Transportation, (DOT) due.
18 Apr 2008: Replies to responsive applications, requests for conditions, and other opposition due. Rebuttal in support of the
application due. Response of DOJ and DOT to other parties' comments due.
25 Apr 2008: Applicants' response to responsive comments of DOJ and DOT due.
19 May 2008: Rebuttals to responsive applications, requests for conditions, and other opposition due.
To be determined: A public hearing or oral argument may be held.
2 Jul 2008: Final briefs, if any, due.
30 Sep 2008: Date of service of final decision.
30 Oct 2008: Effective date of final decision.
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