WASHINGTON — Union Pacific has asked the Surface Transportation Board to dismiss Metra’s request for trackage rights on UP lines in the Chicago area, saying the STB does not have jurisdiction because Metra is an intrastate, rather than interstate, operation.
In a motion to dismiss filed today, UP argues that Metra’s request “suffers a fatal jurisdictional defect” because Metra must establish that it meets requirements predating the Interstate Commerce Commission Termination Act of 1995 — which established the STB — but that Metra had argued before the ICC that it was not subject to that agency’s jurisdiction because of its intrastate nature.
Metra serves one station in Wisconsin — Kenosha, on the UP North line — but UP contends that the 0.01% of Metra passengers using the Kenosha station constitutes a “de minimus” amount of interstate transportation that does not change the intrastate nature of the operation. Even if the board considers that an intrastate operation, the railroad argues, the STB would not have jurisdiction over the fully intrastate operation on the UP Northwest and West lines.
Metra requested that the STB grant terminal trackage rights on the UP lines in March, saying the request was necessary to ensure its trains could continue operating beyond the end of the current contract, which ends June 30. [See “Metra asks STB to require …,” News Wire, March 7, 2025]. UP included in today’s filing a May 21 letter from CEO to Metra Executive Director/CEO Jim Derwinski, saying UP “will not be stopping service to the millions of people who use Metra daily.” Citing that letter, the filing says dismissal of Metra’s request “would simply require Metra to reengage in commercial discussions to resolve the lingering dispute over the access fee, rather than to hope for regulatory relief the agency lacks the authority to provide.”
The UP filing comes two days after a press release in which the railroad urged Metra to accept its latest terms for access on UP, which it said are based on rates with other operations in Illinois, Colorado, and California [see “UP calls for Metra to accept latest offer …,” News Wire, May 22, 2025]. Metra said Thursday it was reviewing the latest UP proposal.
UP has been trying to get rid of commuter operations since 1995. What is the rush now?
If the STB doesn’t have jurisdiction, then it would be governed by the State of Illinois. I’m sure Metra has a lot more friends in Springfield than Uncle Pete.
So it appears Metra wants to pay base trackage rights fee to UP.
UP wants it to be a negotiable fee that is obviously more than the standard.
It would be interesting to know (Trains?) what the differences are that are taking years to resolve.