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A DM&E train heads through Brookings, South Dakota, USA - 2005 Photographer unknown.
25 August 2013
S.D. Presses Railroad for Upgrades
Sioux Falls South Dakota USA - It would be like taking the interstates out of South Dakota.
That's how farmers and factory owners see the railroads, the main line of travel bringing their goods to market. Many of them are watching closely as the
Canadian Pacific Railway tries to sell part of the Dakota Minnesota & Eastern Railroad (DM&E). The state is watching as well, examining promises the
company made when it bought the DM&E in 2008.
Prospects seemed bright then.
The international railroad giant promised to rebuild the aging track across South Dakota, give shippers access to world markets, and possibly turn the state
into an energy corridor, shipping coal east from Wyoming.
But then the world economy collapsed.
Coal power started to fall out of favor, and booming natural gas production drove down demand for Wyoming's Powder River Basin fuel.
And the Canadian Pacific changed its focus. Now, the railroad is looking for a buyer for the track west of Tracy, Minnesota, including almost 575 miles of
track running the length of South Dakota.
The Powder River Basin dream that former DM&E president Kevin Schieffer sold across the Upper Midwest, battling opposition from township boards to the Mayo
Clinic, is all but dead.
That project, shipping coal across South Dakota, was one of the main reasons Schieffer looked to team with the Canadian Pacific. Two railroads already shipped
low-sulfur coal out of northeastern Wyoming, but demand seemed high enough to support a third with direct access to eastern markets.
"There's places out there where they're loading three trains simultaneously to save money," said Robert Warrick, a railway consultant, of the Powder
River Basin coal fields.
That coal would bring with it money, money to pay for, and justify, rebuilding the dilapidated track in western South Dakota.
But almost as soon as the deal was sealed to sell the DM&E, the Powder River Basin promise started to fade.
"The then-CEO I think surprised his own staff by emphasizing they were going to take a slower approach to the PRB project," Schieffer said. "CP
was the most enthusiastic about the Powder River Basin among the numerous (DM&E) suitors. Literally starting with the day it was announced, CP sort of had
a different emphasis or a different shift in priorities."
And now, as the Canadian Pacific looks to sell, and the state questions whether the railroad followed through on its investments, farmers such as Reno
Brueggeman worry about the future.
"If you take this line away from central South Dakota, it would be like taking I-90 out of South Dakota," said Brueggeman, who farms north of
Miller.
Tim Luken, general manager at Oahe Grain Corp., agrees. "There's just a basket full of problems we could have," he said.
South Dakota has no official role in the sale and regulation of the Canadian Pacific, as a railroad that crosses state lines. That oversight is handled by the
federal Surface Transportation Board. Instead, the state's role is as an advocate, filing petitions asking the federal board to take action.
Canadian Pacific Shifting Focus to Greater Efficiency
The DM&E isn't the only major railroad running through South Dakota. In addition to a number of shortline railroads, international giant BNSF owns almost
900 miles of track in the state. One of its lines runs from the southeastern part of the state through Sioux Falls to Aberdeen. The other heads east-west
across the northern part of South Dakota, passing through Aberdeen on its way to North Dakota and the Pacific Northwest.
Buying the DM&E brought Canadian Pacific more than just the option to build a railroad to Wyoming coal mines, it gave the company an efficient regional
railroad with access to Midwestern markets, farms, and ethanol plants, no matter what happened with the Powder River Basin.
"Those assets are very valuable," CEO Fred Green said in April 2012. "The DM&E earnings will double between 2006 and 2012, ahead of the pace
that we said it would happen. So we're delighted with that."
But a month later, Green was gone. A New York investor, upset about the Canadian Pacific's inefficiencies, put in place a new board of directors for the
company and replaced Green with Hunter Harrison, an executive with a reputation for cutting costs.
Last December, Harrison announced he was putting the DM&E line west of Tracy, Minnesota, up for sale, including the company's entire South Dakota
holdings.
The DM&E merger "has not played out like some would have liked," Harrison told investors.
"The new management there, under the reins of Hunter Harrison, is taking a look at what they own and seeing what fits and what doesn't," said Jason
Seidl, a managing director at Cowen and Co. who specializes in analyzing railroads. "They're trying to slim down the property a bit."
Stock in the Canadian Pacific jumped to a 10-year high the day Harrison announced the potential sale. A sale could happen by the end of the year, said the
company's chief financial officer, Brian Grassby.
Questioning the Progress of Upgrades to the Lines
When the Canadian Pacific was trying to buy the DM&E, it promised to make a big investment upgrading the line.
The company said it would invest US$300 million improving the DM&E line in South Dakota and Minnesota.
But it's unclear exactly how much money the Canadian Pacific actually invested in the DM&E track, five years after the deal went down.
When the state of South Dakota asked, the Canadian Pacific said it had spent US$316 million on Canadian Pacific facilities from 2008 to last year. But it
didn't provide detailed data to back up the claim, leaving state officials skeptical.
"The governor and other members of his administration... started talking to the railroad officials last December, asking a lot of these same questions,
and so far have not really received an answer," said Tony Venhuizen, a senior adviser to Daugaard. "You have to think if they had made all these
improvements and could demonstrate that, they'd have been pretty quick to do that."
Clearly, some improvements have been made. Maps released by the company show large stretches of track east of Huron have been upgraded to the Class 3 standard,
which allows freight trains to go up to 40 mph.
"We're aware that DM&E has done some upgrading of their track, particularly in the Rochester area," said Tim Spencer, manager of rail planning
with the Minnesota Department of Transportation.
But Minnesota and South Dakota lack records showing exactly how much. Also uncertain is the Federal Rail Administration, which was tasked with monitoring the
Canadian Pacific after the DM&E merger.
Petition to Force Answer
So this month, Daugaard filed a petition with the federal Surface Transportation Board, which regulates rail lines, seeking to force Canadian Pacific to say
how much it's spent on upgrades to the DM&E system.
If those upgrades haven't been made at the level promised, then Daugaard asked the Surface Transportation Board to prevent Canadian Pacific from selling its
DM&E track until it keeps that commitment.
Canadian Pacific officials contend they have met their obligations, spokesman Ed Greenberg said. Whatever promises were made in 2008 might need to be revised
because of changing circumstances, a top executive wrote in a letter to the state.
"The commitments made by CP in 2007 were made by different corporate management," wrote Douglas McFarlane, then the Canadian Pacific's senior vice
president for U.S. operations. "I would add that they were also made shortly before the American economy, and indeed the world economy, plunged into the
worst recession since the Great Depression. CP was forced to let go or lay off thousands of employees."
State of the Track
Those upgrades the state and railroad are battling over are most urgently needed West River. The track east of Pierre in South Dakota and Minnesota is
relatively new, rebuilt by DM&E before the merger from 2002 to 2005, Schieffer said.
But from Fort Pierre west to Wall, and then again from Hermosa south to the Nebraska border, tracks are older, and in worse condition.
"There are some unique issues between Pierre and Rapid City dealing with both subsoil and the number of bridges," Schieffer said.
Some of that track is rated Class 1 by the federal government, meaning trains can't exceed 10 mph. Much of the rest doesn't even meet that standard, it's
operating under an exception from Federal Rail Administration rules. That means both passenger trains and freight trains with more than five cars of hazardous
material are banned from the track for safety reasons.
"You have to operate it at much slower speeds. It's much less efficient. You've got to undertake additional safety precautions to be able to operate on
it," Schieffer said. "You can operate it, but there's a lot of challenges with it. And you're not supposed to do that on a permanent
basis."
The western track also wasn't upgraded to carry heavier rail cars that now are standard in the rail industry. That means newer cars can run there only if
partially full. More often, the newer cars don't get sent there at all, said Jerry Cope, an executive with Dakota Mill and Grain, which operates multiple grain
elevators along the track in western South Dakota.
"The railroads... will take those newer cars elsewhere because they can fully utilize them, and we get the smaller and older cars," Cope said.
"Like anything, as it gets older, you're going to have more cars that you can't load because you can't seal them tight enough."
Before the merger, the DM&E's plan was to not even bother making repairs to the western track.
"We were just going to build a new railroad right beside it, which would be in the long run better and cheaper," Schieffer said.
Cheaper didn't mean cheap, though. Schieffer said he couldn't recall the exact figures, but one rule of thumb is that it costs at least US$1 million to build a
mile of new railroad. Under that formula, the cost of rebuilding the western part of the market is more than US$100 million.
That kind of expense makes sense only if the railroad is going to see enough use to win back the investment.
"I've done studies on the costs of raising track class, what it would really get you back," Warrick said. "If the payoff is 15 or 20 years,
you've not going to bother."
That's part of why Schieffer pursued the Powder River Basin project. Coal trains could provide the traffic, and income, to justify upgrading the line in a way
that the current shipments of grain, cement, and bentonite don't, Schieffer said.
Watching Carefully
South Dakota shippers now are watching to see the outcome of Daugaard's petition to the Surface Transportation Board. Their hope is, whatever Canadian Pacific
ends up doing with the DM&E railroad, it spends the money it said it would in 2008.
"I would just like to make sure those improvements have been done, or whoever's going to buy this line does so under the understanding that these
improvements do need to be made to keep this line viable," Brueggeman said.
The Canadian Pacific has until Wednesday to file a response to South Dakota's petition, and will do so, Greenberg said.
"It will show our railroad has appropriately addressed each of the concerns raised by the state's petition and that we have met our obligations," he
said.
The Surface Transportation Board has yet to issue a ruling. When it does, it might not be what Daugaard wants.
"I would not be surprised if Canadian Pacific were not meeting their requirements, and I would not be surprised if the Surface Transportation Board did
nothing about it," said former U.S. Sen. Larry Pressler, who helped create the DM&E in the 1980s and was chairman of the Senate Commerce, Science, and
Transportation Committee. "The national railroads are just completely in bed... with both political parties."
In fact, the DM&E's own birth involved a heavy role of politics, from Pressler himself. As U.S. senator, he stepped in when another railroad wanted to
abandon its South Dakota track and instead negotiated the creation of the DM&E.
Integral in that process was Pressler's chief of staff at the time, Schieffer.
As the process plays out, shippers will be keeping a close eye on who, if anyone, ends up buying or leasing DM&E line west of Tracy. The identity of that
buyer, several said, will have a mighty influence on their future.
Whether that buyer ends up being, an improvement on the Canadian Pacific, or a step back, some observers are becoming nostalgic for what they had with the
DM&E before the sale.
"When they proposed to buy the DM&E, we had service to St. Paul and Minneapolis. We had service to Chicago. We had service to Wisconsin. We had
service to Kansas City," said Matt Konenkamp, Daugaard's adviser on transportation issues.
"Had we known that in a few short years they would turn around and sell this and leave us with access only to Tracy, Minnesota, I think people would have
taken a different look at their proposal."
David Montgomery.
Vancouver Island British Columbia Canada
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