STB approves UP request to restore service on Utah rail line

The Surface Transportation Board (STB) this week granted Union Pacific Railroad's request to restore service on 1.04 miles of rail line in Tooele County, Utah, that would connect with Savage Tooele Railroad Co. (STR).

In its decision, the board also denies BNSF Railway Co.'s petition for a lengthier STB proceeding to consider UP’s application. BNSF wanted a proceeding that would ensure trackage rights over the line to interchange with the STR.

UP wants to restore service over the line as part of a transaction with STR, in which UP agreed to sell the short line the right-of-way and track assets between milepost 1.04 and 6.94 of the Warner Branch. STR wants to construct 11 miles of new rail line connecting to the Warner Branch to serve shippers located at Lakeview Business Park and connect to the national rail network, according to the STB filing.

In its petition to the board, BNSF maintained that UP structured its agreement with STR in a way that would block BNSF from interchanging with the short line.

But the board ultimately determined that UP’s effort to seek common carrier operating authority over the line is separate from BNSF’s claim of a right to access STR and its future shippers via the line.

"Granting UP the authority to reinstitute common carrier service over the Line does not preclude BNSF from seeking, through either arbitration or a new, separate Board proceeding, a determination that BNSF is entitled to access STR via the line," the board's ruling states. "Moreover, granting UP common carrier operating authority over the Line will help avoid delay to STR’s project and ensure that its business park shippers are connected to the national rail network."

The board also noted that its decision should “not be construed as permitting UP to defeat any rights that BNSF may have had to interchange with STR or serve shippers at Lakeview Business Park."

Petitions to stay the decision must be filed by Feb. 23; petitions for reconsideration or to reopen the case must be filed by March 4.

The board’s entire decision can be read here.