STB sets schedule for Amtrak Sunset Limited proceeding

The Surface Transportation Board (STB) yesterday issued a decision to establish a procedural schedule, address several motions and filings, and provide other directives regarding its investigation into the on-time performance (OTP) of Amtrak’s Sunset Limited service between New Orleans, Louisiana, and Los Angeles, California.

The board established the procedural schedule in anticipation of the end of the discovery period on Aug. 23,  in the interest of advancing the proceeding, according to an STB press release.

On Dec. 8, 2022, Amtrak submitted a complaint and petitioned the board to investigate the OTP of the Sunset Limited service. The 1,997-mile-long route travels mostly over track hosted by Union Pacific Railroad.

The STB has authority to investigate when the OTP of any intercity passenger train averages less than 80% for two consecutive quarters. The purpose of an investigation is to determine whether, and to what extent, delays or failure to achieve the minimum standards are due to causes that could reasonably be addressed by the passenger-rail operator or the host railroad.

On July 11, 2023, the STB determined that the standard for initiating an investigation had been met and began a first-of-its-kind investigation.

In addition to UP, the STB named other railroads that operate on the line as parties to the proceeding. The STB separated the proceeding into two stages: The first stage contains the investigative and fact-finding portion, including the discovery period administered by an administrative law judge (ALJ). At the end of that stage, the board will issue a decision with its findings. In the second stage, the board will consider damages and other relief, if applicable.

To date, the board has appointed an investigative liaison; held a technical conference; conducted several rounds of information requests, including identifying a set of individual Amtrak train delays and directing the associated carriers to provide explanations as to the root causes of those incidents; appointed an ALJ to administer the discovery period; and has made several procedural decisions.

The discovery period was scheduled to end Dec. 20, 2023. However, the parties requested eight extensions, which extended the discovery period for more than eight additional months. The latest discovery period will close Aug. 23.

Yesterday's decision includes several directives to the parties. The board also decided the following:
• The city of New Orleans is not a necessary party at this time;
• Amtrak's petition asking the board to issue a show-cause order regarding UP's preservation of dispatch playback records is denied;
• UP shall review and resubmit a version of its April 15 root-cause narrative; its June 4 root-cause narrative; and its June 14, root-cause narrative with “confidential” and/or “highly confidential” information redacted, including (where necessary) explanations for its redactions, in accordance with the direction in the decision, by Sept. 9; and
• UP shall inform the board if any “highly confidential” information from the narrative has been shared with Amtrak in-house personnel by Sept. 9.