Order No. 1990-R-734
December 27, 1990
IN THE MATTER OF Order No. 1988-R-1216 dated December 30, 1988 authorizing the Canadian National Railway Company (hereinafter CN) to abandon the operation of the segment of the Renfrew Subdivision from Nepean (mileage 0.00) to Renfrew (mileage 43.78) (hereinafter the branch line), in the Province of Ontario, as amended by Order No. 1989-R-346 dated November 7, 1989 which varied the date fixed for the abandonment of the operation of the segment of the branch line from Nepean (mileage 0.00) to the connection with the BASF Fibres Inc. siding north of Arnprior (approximately at mileage 27.2) to read December 31, 1990; and
IN THE MATTER OF the application by the BASF Fibres Inc. (hereinafter the applicant), pursuant to paragraph 172(2)(b) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), for a variation of Order No. 1988-R-1216 by changing the effective date of the abandonment of the operation of the segment of the branch line from Nepean (mileage 0.00) to the connection with the BASF Fibres Inc. siding north of Arnprior (approximately at mileage 27.2) to December 31, 1991.
File No. T6115/616
WHEREAS the National Transportation Agency (hereinafter the Agency) received the application by faxmittal on November 19, 1990;
AND WHEREAS the applicant has undertaken to pay the actual loss incurred by CN in the operation of the segment of the branch line between December 31, 1990 and December 31, 1991;
AND WHEREAS on December 4, 1990, the applicant has advised the Agency that it has reached an agreement with CN according to which the two parties have agreed on the payment by the applicant of a surcharge of $1,963.00 per carload delivered by CN to the applicant at Arnprior in lieu of the payment of the actual loss incurred by CN in the operation of the segment of the branch line;
AND WHEREAS the applicant also stated that the expiration of the agreement reached between CN and the applicant will be December 31, 1991 or such earlier date as they will mutually agree upon;
AND WHEREAS on December 10, 1990, CN stated that it does not object to the application;
AND WHEREAS the Agency has considered the material received and on file related to the subject matter;
AND WHEREAS pursuant to paragraph 172(2)(b) of the National Transportation Act, 1987, the Agency is satisfied that the applicant has undertaken to pay the actual loss incurred by CN in the operation of the segment of the branch line.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 1988-R-1216 dated December 30, 1988 is hereby varied by changing the effective date of the abandonment of the operation of the segment of the Renfrew Subdivision from Nepean (mileage 0.00) to the connection with the BASF Fibres Inc. siding north of Arnprior (approximately at mileage 27.2) to either:
a) December 31, 1991, or
b) thirty (30) days after such earlier date as shall be advised jointly by the applicant and CN as mutually acceptable to them.
THE AGENCY HEREBY REQUESTS THAT:
CN advise the undersigned in writing of the dates upon which:
i) the operation of the segment of the Renfrew Subdivision from Nepean (mileage 0.00) to the connection with the BASF Fibres Inc. siding north of Arnprior (approximately at mileage 27.2) has been abandoned, and
ii) the trackage and other facilities were removed.
- Date modified: