Milwaukee Wisconsin USA
Washington District of Columbia USA - CN is taking issue with the amount of data reporting that
CPKC wants to submit to the STB as part of the board's post-merger oversight.
In a 5 May 2023 letter to the STB, CN said CPKC's reports during the STB oversight period should be available to the
public unless information in those reports qualifies as "confidential or highly confidential" under the
board's definition.
In the letter, CN says it objects to what CPKC suggested in an 24 Apr 2023 filing that "the vast majority of the
data will be commercially and competitively sensitive, while at the same time also being unnecessary in order for third
parties to monitor impacts of the CPKC merger that may affect them."
CPKC is proposing that the "vast majority of data" should be reported only to the STB, according to
CN.
That position is counter to the "transparency" pledge CPKC made in its quest for the STB's approval of the
CPKC merger, CN officials said.
Also, CPKC's claim that the STB's "standard practice" is for merger monitoring reporting to be unavailable to
interested parties isn't true, CN officials wrote.
"Rather, the standard practice is to make data available to stakeholders to monitor merger integration and provide
comments as appropriate on the reporting," the CN letter states.
The filings stem from a request from Chicago commuter railroad Metra and BNSF Railway Co. to participate in the
technical conference to be held today between STB staff and CPKC to sort out the kinds of information that CPKC will
have to report during the board's oversight period of the newly merged Class I.
The STB denied Metra and BNSF's request.
Author unknown.
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provisions in Section 29 of the
Canadian Copyright Modernization Act.