News & Reviews News Wire Digest: CP argues for different standards to judge voting trust proposals for KCS

Digest: CP argues for different standards to judge voting trust proposals for KCS

By David Lassen | April 28, 2021

News Wire Digest third section for April 28: Palo Alto, Calif., drops tunnel plans from possible grade crossing solutions; NS names new vice president of government relations

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CP says its voting-trust proposal for KCS should be subject to different standards than CN proposal

Canadian Pacific Railway beaver logoIn its latest argument against Canadian National’s competing bid for Kansas City Southern, Canadian Pacific says CN is wrong to argue that the CN and CP proposals for placing KCS in a voting trust should be judged by the same review process. In a filing with the Surface Transportation Board that the railroad also issued in a press release, CP attorney David Meyer says CN’s position “is both contrary to law and fundamentally at odds with the very different factual contexts of the two voting trust proposals.” The primary difference, Meyer argues in the lengthy letter, is that CP’s proposal will be judged under the waiver from 2001 merger rules granted to KCS, as the STB ruled last week [see “Surface Transportation board rules CP-KCS deal will be judged …,” Trains News Wire, April 23, 2021]. CN, Meyer says, has already indicated its bid for KCS would be subject to the more stringent merger rules, and therefore its voting trust proposal should be judged differently.

Citing cost, Palo Alto, Calif., drops proposals for rail tunnel in city

The city of Palo Alto, Calif., has eliminated two tunnel options from consideration as it seeks a solution to grade-crossing problems in the city, citing the prohibitive cost. Palo Alto Online reports the two plans — one of which would have built a tunnel for both Caltrain and freight traffic, and another constructing a tunnel only for Caltrain — would have cost $1.1 billion to $1.8 billion. Still under consideration are a trench, which could cost up to $950 million, take six years to build, and faces significant engineering challenges; a viaduct, which would take two years to build but has nearby residents concerned about privacy issues and visual impact; and underpasses to provide crossing separation.

NS names Voyack as vice president of government relations

Norfolk Southern has named Frank Voyack as vice president of government relations, succeeding the retiring Marque Ledoux. The move is effective May 1. Voyack will lead railroad efforts in Washington, D.C., guiding public policy initiatives at the federal, state, and local level. He joined NS in 2008 and most recently served as assistant vice president government relations. “We look forward to Frank’s leadership of our government relations efforts,” Executive Vice President and Chief Legal Officer Vanessa Allen Sutherland said in a press release. “He knows NS well and will continue our tradition of being bipartisan, steady, and proactive.” Ledoux is retiring after 18 years with NS. Previously, he spent 16 years at FedEx in public relations and government relations positions.

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