STB to CP-KCS: Resubmit Data From Proposed Merger Filings
Written by Marybeth Luczak, Executive Editor
The Surface Transportation Board (STB) is calling on merger partners Canadian Pacific (CP) and Kansas City Southern (KCS) to resubmit by May 27 traffic density data that will be used in analyzing the environmental and transportation impacts of their combination.
CP and KCS in September 2021 agreed to combine and form Canadian Pacific Kansas City (CPKC), the first U.S.-Mexico-Canada rail network. STB in November 2021 accepted for consideration their application, and as part of the review process, the Office of Environmental Analysis is assessing CPKC’s potential effects on the environment.
On March 16, 2022, STB suspended the procedural schedule in the review of the CP-KCS merger application, and directed the Class I railroads to address an “apparent inconsistency” in the traffic density data they had provided; they did so on March 21.
STB’s April 27 decision (download below) defines the data to be used in its review, and directs CP and KCS to resubmit that data and all workpapers associated with their operating plan. “[A]mended comments and responsive applications will be due no later than 20 days following applicants’ submission,” STB said. “Upon the filing of amended comments and responsive applications, the Board will resume an amended procedural schedule in consideration of the merger application. Comments on the resubmitted data will be due within 20 days of receipt.”
STB reported that the Office of Environmental Analysis will continue to conduct the environmental review of the potential merger while the procedural schedule remains suspended. “However, to ensure that the environmental review appropriately considers the applicants’ amendments and revisions, OEA will not issue a Draft Environmental Impact Statement in this proceeding until after the procedural schedule resumes,” the agency said.
