STB decision on Kaw River/KCS lease in the Kansas City area

friscobob Jun 21, 2004

  1. friscobob

    friscobob Staff Member

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    STB 'Rights of Passage' dept. - Kaw River RR on KCS in MO, KS

    34794

    SERVICE DATE - JUNE 18, 2004

    SEC

    SURFACE TRANSPORTATION BOARD

    DECISION

    STB Finance Docket No. 34509

    KAW RIVER RAILROAD, INC. –ACQUISITION AND OPERATION EXEMPTION–
    THE KANSAS CITY SOUTHERN RAILWAY COMPANY

    MOTION FOR PROTECTIVE ORDER

    Decided: June 17, 2004


    On May 25, 2004, Kaw River Railroad, Inc. (KRR) filed a verified notice of exemption under 49 CFR 1150.31 to acquire by: (1) lease from The Kansas City Southern Railway Company (KCS) and operate approximately 7.5 miles of rail lines in Kansas City, KS; (2) sublease from KCS and operate approximately 4.5 miles of rail lines in Kansas City, KS, and Kansas City, MO, that are owned by Kansas City Terminal Railway Company (KCT); and (3) assignment from KCS operating authority over approximately 6.2 miles of rail lines of KCT in order to access the leased KCS and KCT trackage. The transaction was consummated on June 1, 2004. On June 4, 2004, BLET filed a petition to revoke the exemption and served on KRR a request for production of various documents. On June 14, 2004, the United Transportation Union also filed a petition to revoke.

    By motion filed on June 10, 2004, KRR seeks a protective order under 49 CFR 1104.14 with respect to documents produced in discovery in this proceeding. According to KRR, the documents requested by BLET contain proprietary and commercially sensitive information the public disclosure of which would be competitively damaging. KRR asserts that the protective order is necessary to facilitate discovery and any submission of information to the Board.

    Good cause exists to grant the motion for protective order. Issuance of the requested protective order will ensure that the confidential information contained in the documents produced in discovery will be used only in connection with this proceeding and not for any other business or commercial purpose. The motion conforms with the Board’s rules at 49 CFR 1104.14 governing requests for protective orders to maintain confidentiality of materials submitted to the Board. Accordingly, the motion for protective order will be granted.


    It is ordered:

    1. The motion for a protective order is granted. The documents submitted in this proceeding will be kept under seal by the Board and not placed in the public docket or otherwise disclosed to the public, unless the attached Undertakings are executed and the terms of the Protective Order are followed, or unless otherwise ordered by the Board.

    2. This decision is effective on its date of service.


    By the Board, Vernon A. Williams, Secretary.



    Vernon A. Williams
    Secretary


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    APPENDIX at:
    http://www.stb.dot.gov/decisions/ReadingRoom.nsf/51d7c65c6f78e79385256541007f0580/3bfe08e3784cc75d85256eb60075c1fa?OpenDocument
     
  2. BoxcabE50

    BoxcabE50 Staff Member TrainBoard Supporter

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    [​IMG] It would be interesting to know what proprietary information the short line is protecting. It's hard to imagine what kind of business dealings they could have secretly ongoing.

    [​IMG]

    Boxcab E50
     

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