Regulatory UP says it did not misuse confidential material in Metra filing

UP says it did not misuse confidential material in Metra filing

By David Lassen | December 29, 2025

Railroad says use of letter from negotiations was necessary to ‘correct Metra’s mischaracterizations’

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Two commuter trains side by side at suburban station
Metra UP West Line trains meet at Elmhurst, Ill., on Dec. 27, 2025. UP and Metra both have new filings in their ongoing dispute over terms of Metra operation on UP lines. David Lassen

WASHINGTON — Union Pacific is disputing Metra’s claim that it “misused confidential communications” in a recent Surface Transportation Board filing in the ongoing fight over the commuter operator’s access to UP’s lines.

In a Dec. 24 filing posted to the STB website today (Dec. 29), UP says the material it cited was permissible because it was about the process of ongoing negotiations, rather than the substance. That material was in a Dec. 15 filing arguing against Metra’s request for the board to set contract terms for Metra use of UP’s track; UP argues the Metra request was premature because the sides were making progress in negotiations [see “UP asks regulators to deny …,” Trains.com, Dec. 16, 2025].

Metra subsequently objected to UP’s use of material from a Metra letter, saying it was confidential under the terms of the ongoing negotiations [see “Metra says Union Pacific improperly used …,” Trains.com, Dec. 19, 2025].

UP’s brief response says its use of that letter was “appropriate and necessary to correct Metra’s mischaracterizations of the parties’ negotiatons.” UP argues that Metra claimed the sides were at an impasse just days after it said its goal was to reach an agreement, and in the new filing says “Union Pacific’s only option to demonstrate misstatements to the board was to use Metra’s own words.” It further argues it redacted “everything of substance” from that letter.

Metra also has new filing

In a separate filing today, Metra asked the board to turn down UP’s request for a protective order, which would halt Metra’s discovery efforts related to its request for the board to set terms. That UP request also centered on its argument that the Metra request is premature. Metra argues that it is seeking information necessary to address compensation within a time frame set by the board’s Sept. 3 decision granting Metra trackage rights.

— To report news or errors, contact trainsnewswire@firecrown.com.

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