the benefits the public is likely to derive from the availability of rail service outweigh any inconvenience which the opposing landowners might suffer. On balance, we conclude that the public interest would be better served by our approving the entire application. Rail transportation policy. —Our decision here draws much of its support from three objectives of the rail transportation policy of 49 U.S.C. 10101a: (1) to reduce regulatory barriers to entry into and exit from the industry, (2) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense, and (3) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes. See 49 U.S.C. 10101a(4), (5), and (7). In addition, as the Commission pointed out when it was before the reviewing court, this decision is also consistent with the then operative national transportation policy: to preserve the inherent advantages of each mode of transportation and to promote safe, adequate, economical, and efficient transportation. See former 49 U.S.C. 10101 (a) (1) and (2)." We conclude that a grant of authority over the remaining 9-mile segment of the line is clearly warranted under the new standards of section 10901 favoring rail carrier entry. We believe our analysis here is equally supportive of a grant of authority under the former statutory criteria as well. This action will not significantly affect the quality of the human environment or energy consumption. It is ordered: (1) The motion filed by Concord Township and the petition filed by the Nicholas Newlin Foundation to vacate the Commission's reopening order of August 26, 1980, are denied. (2) OCTR's application for authority under 49 U.S.C. 10901 to operate a 41.7-mile line of rail between Colora, MD and Wawa, PA, is granted. (3) The decision of division 2 (served May 22, 1979) in this proceeding, as supplemented here, is adopted as the decision of the Commission. (4) This decision shall be effective 30 days from the date it is served. (5) Within 15 days after operations are begun pursuant to the authority granted here, OCTR shall notify the Commission in writing the date. operations began. By the Commission, Chairman Taylor, Vice Chairman Clapp, Commissioners Gresham and Gilliam. (5). These objectives are incorporated in the new rail transportation policy in 49 U.S.C. 10101a(4) and ABANDONMENTS A INDEX DIGEST Acquisition of abandoned lines See Alternate transportation services, con- Amendment reducing scope of application, Appeals, expedited procedures inapplicable to transactions including acquisition and Assets of line after, Commission's jurisdic- Avoidable costs, when calculated in accord- Balancing test for 116, 159, 774 Burden of going forward with the evidence, Burden of proof 101, 107 Burden on applicant and on interstate com- Continuation of service, measures recom- Decline of does not mean all its lines ripe Entire system, recommended to reorgani- Jurisdiction transferred to bankruptcy Acquisition of trackage rights or of line Dismantling rail, track, and ties, Commis- Offering to sell line to another carrier, con- Reimbursement of shipper's investment Required by public convenience and ne- Sale of portions of line to subsidiary 108 Consolidation of applications, physical and Costs, every out-of-pocket of operation, CSX merger, in conjunction with, operating De facto Commission has no jurisdiction over 971 Noncarrier application granted, carrier has Downgrading Deferred maintenance due to poor finan- Deferred maintenance not, when line 100-ton car operations, damage due to, Employment, loss of, multiplier effect 158 Energy questions not determinative 109 Eviction of shippers, noted 704 Fee, waived because of financial condition Final System Plan, 3R Act, under 808 and ACQUISITION OF LINES Fully abandoned line Cessation of service after, beyond Com- Defined 135 ABANDONMENTS-Continued Fully abandoned line-Continued No longer rail line; transfer not subject to Harm to shippers does not warrant continu- Investment of shipper in spur line, reimbur- Joint costs, effect of avoidable cost concept Labor agreements, private, cannot affect Labor costs, effect of tabulated local Labor protection See EMPLOYEES Landslide closed line, little used, abandon- Leases of shippers terminated, noted 704 Low-rated commodity carried, rates unable Maintenance costs, failure to allocate to overhead operation 699 Maintenance costs, profits on line insuffi- Maintenance, minimal, in view of losses Noncarrier applies for, carrier opposes, per- Nonprotested, reversed only for procedural Certificate not issued until notice pub- Constructive, by newspaper and posting, Significant users See below When related to acquisition or consolida- Off-branch revenues and costs Light-density lines, both on-branch and, On-branch and, separation rejected 777 Uncertainty of traffic carried, consid- Variable cost, not allocation method, Operating losses shown, raises inference of Operators of lines approved for abandon- Exempted from filing applications Modified certificate of public convenience Book vs. replacement value 667 Defined 671 Investment of liquidation assets, return Net liquidation value 672, 732 Public convenience and necessity balanc- Shipper's contribution to, consid- Taxes, consideration of 674, 733 Overhead costs, effect on maintenance Public convenience and necessity test Public use condition, §10906 Postponement of certificate, does not Prevents disposal of property, does not Section 10906 does not authorize sales for Pulpwood operations, impact on, found not Illinois C. G. R., Ballard and McCracken Illinois Central Gulf R., between Illinois C. G. R., Bloomer Line, Herscher Milwaukee R., western transcontinental Rock Island R. See Chicago, R. I. & P., Southern Pac. Transp. Co., between Rehabilitation, cost of Evidence based on less thorough engi- Immediate cost to be apportioned 731 Relocation of lines 850 Return on investment, failure to generate Return on investment, not avoidable Revenues generated by shipments manu- 700 Revenues, outbound transit move- Rural and community development, impact Shipper not located on line to be aban- Shipper investment in line, reimbursement Spur line, reimbursement of shipper's in- State condemnation allowed when aban- Subsidiary jointly owned by carrier in reor- Commission acts as quasi-judicial condem- Differences between parties must be Investment base, components of 871 Land, valuation of 872 Negotiations, good faith required 876 Off-branch transit load balances 871 Property value based on highest and best |