Railroads: The Board Held Public Hearing in CP/KCS Merger Proceeding

On September 28, 2022, the Surface Transportation Board (Board) commenced a public hearing in the proposed Kansas City Southern (KCS) and Canadian Pacific (CP) merger proceeding.  See Canadian Pac. Ry. Ltd.—Control—Kansas City S., FD 36500 (STB served September 21, 2022).

On July 22, 2022, the Board issued a decision announcing that it would hold a public hearing on September 28, 29, and 30, 2022.  Canadian Pac. Ry. Ltd.—Control—Kansas City S., FD 36500 (STB served July 22, 2022).  The Board stated that, “[b]ased on the comments that have been submitted, [it] finds that a public hearing, which will provide the Board an opportunity to directly question the [a]pplicants and other interested persons about the issues that have been raised, is in the public interest.”  Id., slip op. at 3.  According to the Board, the purpose of the hearing was “to summarize and emphasize the key points of a party’s case or a speaker’s position, and to provide an opportunity for the speaker to respond to questions the Board may have regarding the matters at issue.”  Id., slip op. at 4.  All interested persons were invited to appear in person or via online video conferencing.  Id., slip op. at 1. 

The public hearing commenced on September 28, 2022, and continued on September 29 and 30.  Since the hearing was not concluded by September 30, the Board ordered that the hearing would resume on October 3.  Canadian Pac. Ry. Ltd.—Control—Kansas City S., FD 36500 (STB served Sept. 30, 2022).  The hearing continued on October 3, 4, 6, and 7.  Over 20 panels consisting of railroads, shippers, government officials, and other interested parties spoke at the hearing.  See Canadian Pac. Ry. Ltd.—Control—Kansas City S., FD 36500 (STB served Sept. 27, 2022). 

In light of the extended hearing, the Board extended the deadline for final briefs to October 21, 2022.  See Canadian Pac. Ry. Ltd.—Control—Kansas City S., FD 36500 (STB served Oct. 7, 2022).

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