Does CN Really Want to be a Good Neighbor?

Apparently, not in Aurora and Lynwood....

The following is from an email sent today by TRAC, http://www.fightrailcongestion.com.

CN Shows Its True Colors in Appealing the STB Mandate to Underwrite Significant Costs of Two Grade Separations!

In a February 23 maneuver, CN notified the Surface Transportation Board (STB) that it is appealing to the federal courts the Board's direction that CN must pay for a significant portion of the costs associated with creating grade separations in Lynwood and Aurora. TRAC is not surprised by this move as we have maintained all along that CN has no real intentions of working with communities to mitigate the harms its operations will cause in the region. In its letter to the STB notifying it of the appeal (the letter can be found on the TRAC website at www.FightRailCongestion.com) CN congratulated itself on committing to 108 voluntary mitigation measures while pointing out that this particular grade separation mandate from the STB was more than it could bear as it would be just too expensive!

TRAC has a couple of issues with CN on the matter. First, let's take a look at some of what constitutes CN's voluntary mitigation:

• "For each of the public grade crossings on EJ&EW's rail line, Applicants (CN) shall provide and maintain permanent signs prominently displaying both a toll-free telephone number and a unique grade-crossing identification number in compliance with Federal Highway Regulations." Here we have CN volunteering to obey the law!

• When it comes to hazardous materials transportation, CN will "comply with the current Association of American Railroads (AAR) "key route" guidelines, found in AAR Circular No. OT-55-I, and any subsequent revisions." Here we have CN saying it will abide by normal industry operating procedures. Given CN's record of disregarding Canadian law in this area, perhaps we SHOULD be grateful for that concession!

• About needed grade separations along the EJ&E, here's what CN has volunteered: "Applicants shall, upon request, work with municipalities and counties in support of securing funding, in conjunction with appropriate state agencies, for grade separations where they may be appropriate under criteria established by relevant state Department of Transportation. Applicants shall contribute their statutorily required amount of funding to the cost of the grade separation." It's never been a secret that CN believes it's best that taxpayers underwrite most of the cost of grade separations to facilitate it profitable operations. But, where's the cost-benefit analysis here and who is representing the taxpayer to get the best deal from CN? According to CN in its recent legal appeal, NO ONE has that right!

• On controlling noise, vibration and noxious air emissions, here’s what CN is volunteering: "Applicants, to the extent reasonably practicable, shall adopt efficient fuel saving practices that may include a range of operating practices that will help reduce locomotive emissions, such as shutting down locomotives when not in use and when temperatures are above 40 degrees." Hmm, who decides what is reasonably practicable in these situations? That's right – CN! We wonder how often shutting down stalled locomotives will be "reasonably practicable."

• Concerned about the future of the STAR line or your current Metra train schedule being interrupted by freight traffic? Here's what CN has volunteered: "Applicants shall work with other railroads to establish reasonable and effective policies and procedures to prevent other railroads' trains from interfering with Applicants' trains." "Work with" is an awfully nice weasel phrase that provides no real guarantees for Metra commuters!

The second issue we have with CN is its self-serving logic in making this appeal. CN complains that if the grade separation mandate stands it could cost them about $160 million in mitigation or more than 50% of the cost of the transaction price. Well, the TRAC communities never asked for this deal to happen and have had to invest significant funds to defend our interests against CN that we will NEVER recoup. CN, on the other hand, can earn back ALL of its investment on the EJ&E in short order by its operations on the line.

Let's take this self-serving CN thinking a step further to examine the cost burden this transaction could end up dumping on U.S. and Illinois taxpayers. Unfortunately, the EJ&E is not in the middle of nowhere. The rail line is in the middle of a fast-growing and vibrant metropolitan area and it is completely lacking in the infrastructure that makes it possible to integrate CN's proposed operations into our communities. The only solution is to build that needed infrastructure to the tune of about $2 billion! Yet, knowing that this is what the American taxpayer is facing as a cost burden, CN has the nerve to whine about the necessity to pick up a mere $160 million!

Something needs to be done. We need some answers from Washington about what our elected officials plan to do to rein in CN's predatory self-serving actions. Contact your Member of Congress and let them know what you think of CN's latest attempt to railroad our communities! Contact information can be found at www.FightRailCongestion.com.