SURFACE TRANSPORTATION BOARD TO HOLD PUBLIC HEARING ON CASE INVOLVING COAL DUST ISSUE

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>From the Surface Transportation Board, Washington, D.C.
-----------------------------***-----------------------------


The Surface Transportation Board will hold a public hearing on Thursday,
July 29 on a case that centers on whether a railroad may deny service to
coal shippers who do not follow the railroad's rules on coal dust
dispersal.


                                         The case, Arkansas Electric
                                         Cooperative Corporation—Petition
                                         for Declaratory Order, Docket No.
                                         FD 35305
                                         ( http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/40823?OpenDocument )

                                         , raises the issues of whether
                                         BNSF Railway Co. may establish
                                         rules regarding coal dust
                                         dispersion from coal trains
                                         operating over its lines and if it
                                         can refuse to provide rail service
                                         to shippers who do not comply with
                                         its rules. The Board will decide
                                         if this constitutes an
                                         unreasonable practice and whether
                                         the provision would violate BNSF's
                                         common carrier obligation.


                                         The hearing is scheduled for 9:30
                                         a.m. at STB Headquarters, 395 E
                                         Street SW, Washington, D.C. The
                                         hearing will be open to the
                                         public, but only parties of record
                                         in the case will be permitted to
                                         speak. Parties wishing to
                                         participate must file a notice of
                                         intent no later than June 18.


                                         A video broadcast of the hearing
                                         will be available through the
                                         Board's website at www.stb.dot.gov
                                         .


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                                         -----------------------------***-----------------------------

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