WASHINGTON — The Surface Transportation Board has set a schedule for submission of evidence and arguments in a long-running disagreement between Amtrak and Canadian National over Amtrak operations on CN routes.
The case dates to a July 20, 2013, filing by Amtrak asking the board to establish terms and compensation for use of CN’s rail lines and facilities, given that the contract between the two sides was about to expire, with no prospect that a resolution will be reached before the expiration date.” The filing asked for expedited consideration.
After several years of discovery and filings, the STB sent the parties to mediation in August 2019, but mediators informed the board in January 2020 that no settlement had been reached.
The two sides jointly requested a procedural schedule in January, indicating that all the issues that remained as of the end of mediation remained unresolved. They did indicate that since the end of mediation, they have certified that schedules for 20 of the 26 Amtrak trains using CN trackage meet the on-time metrics established by the Federal Railroad Administration in 2020. CN is seeking non-binding dispute resolution on the remaining six trains, and the freight railroad and Amtrak are working to agree on that process.
Amtrak and CN requested a three-part schedule to begin May 16 and conclude Sept. 15, but in the schedule released Thursday, the board has moved those dates forward:
— May 2, 2022: Opening submissions are due, with each party to include a copy of the current operating agreement marked up to show the changes the party seeks.
— July 1, 2022: Reply submissions are do, and may include a revised markup of the agreement.
— Aug. 1, 2022: Rebuttal submissions are due.
After all filings are submitted, the board will decide whether oral argument is warranted.
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