To say they were opposed to the WCTL request would be an understatement.
3) "The board cannot grant the relief requested by WCTL because the 'vast majority' of BNSF's coal traffic moves under private contracts;" and
4) "The relief requested by WCTL would detract from its overall recovery efforts.
The backing that WCTL received over the October 31-November 19 period was incredible.
The WCTL has not expressed support for, or opposition to, the proposed CN/BNSF combination, but opposes the STB moratorium.
WCTL members annually ship and receive more than 100 million tons of coal.
WCTL believes the costs and benefits of coal dust mitigation should be shared fairly between BNSF and its PRB shippers.
WCTL had argued that reopening the coal dust case was appropriate because BNSF was not collaborative in developing the new tariff in violation of the March 2011 decision.
WCTL and BNSF were directed to file a proposed procedural schedule by December 12, 2011.