SURFACE TRANSPORTATION BOARD ADOPTS PROCEDURAL SCHEDULE FOR DEPT. OF ENERGY APPLICATION TO BUILD 300-MILE RAIL LINE IN NEVADA

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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board (Board) announced today that it has
adopted a procedural schedule concerning the United States Department of
Energy's (DOE) application seeking authority to construct and operate an
approximately 300-mile railroad line in Nevada in the Board proceeding
entitled United States Department of Energy—Rail Construction and
Operation—Caliente Rail Line in Lincoln, Nye, and Esmeralda Counties, NV,
STB Finance Docket No. 35106.


 To be known as the Caliente Line, the proposed rail line would connect an
 existing line near Caliente, NV to a proposed geologic repository at Yucca
 Mountain, in Nye County, NV.  The proposed line would allow DOE to
 transport spent nuclear fuel and high-level radioactive waste for disposal
 at the proposed geologic repository, and to provide common carrier rail
 service to communities situated along the proposed line.


 The Board's review of rail-line construction applications is governed by
 Section 10901 of Title 49, United States Code (49 U.S.C. 10901), and by
 the requirements of the National Environmental Policy Act of 1969 (42
 U.S.C. 4321-4370d) and related environmental laws.  Section 10901 requires
 that the Board grant a construction application unless the agency finds
 that a proposal is inconsistent with the public convenience and necessity.
 Because the DOE application is extensive and replies to it may be
 numerous, the Board finds that the standard construction-application
 timetable is inappropriate.  Accordingly, the Board has established a
 longer schedule that will provide all parties ample time and opportunity
 for the submission of comments. The schedule also will better enable the
 agency to determine whether the proposed construction meets the criteria
 of Section 10901.


 The Board published its Notice of Construction and Operation Application
 and provided a procedural schedule in its decision today, April 11, in STB
 Finance Docket No. 35106(
 http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/38908?OpenDocument
 )
 .  That decision is available for viewing and downloading, via the
 agency's Web site at http://www.stb.dot.gov, under "E-Library," then under
 "Decisions & Notices," beneath the date "4/11/08."


 The procedural schedule is as follows:

 April 16, 2008:  Publication of Federal Register notice adopting
 procedural schedule.

 April 28, 2008:  Due date for certification by DOE that it has published
 newspaper notices announcing this procedural schedule.

 May 7, 2008:  Due date for notices of intent to participate as a party of
 record (i.e., official participant)

 July 15, 2008:  Due date for comments in support of or opposition to the
 application.

 August 29, 2008:  Due date for DOE's reply.


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