IDA moves to stop railroad shutdown
NORWICH – The Chenango County Industrial Development Agency has moved to stop the New York Susquehanna & Western Railroad from permanently discontinuing service along the 41 miles of track between Chenango Bridge and Sherburne.
The IDA, which holds title to the railroad property that falls within Chenango County, filed a petition late last week encouraging the Surface Transportation Board to “reopen, reject and/or revoke” NYS&W’s notice to discontinue service along the line.
In the documents, the IDA claims NYS&W’s request is contrary to the applicable regulations, contains false and misleading information and is invalid.
In an Aug. 12 filing, NYS&W sought an exemption from formal procedures of rail regulations pertaining to abandonment and discontinuance on the grounds that there had been no local traffic over the line in two years, all existing service had been successfully rerouted and no formal complaint had been filed “regarding cessation of service” within that time period.
The STB acknowledged the NYS&W petition on Aug. 29 and stated the exemption would “be effective on Oct. 1, 2008, unless stayed pending reconsideration.”
According to legal precedent cited in the IDA filing, exemptions are typically granted in instances where there is no demonstrated “need or interest in continued transportation service over the line.” The IDA claims that there has, in deed, been interest.
Included with the filing was the copy of a letter dated prior to the Aug. 12 NYS&W filing from a Norwich-based company, Kerry Bio-Science, requesting service along the line. In light of this request, the IDA stated that “[t]he Board should not condone carriers ignoring requests for service and then invoking the exemption.”
In a sworn statement also included in the filing, IDA Executive Director Maureen Carpenter makes reference to two businesses interested in moving to the area that would require rail service: “If the line is not restored by NYS&W and kept open for future service, the county will lose the ability to attract these industrial business.”
“The lack of rail service has already been detrimental to Chenango County,” Carpenter’s statement continued, citing one business that had already relocated out of the area because of the lack of rail service.
Carpenter also cites NYS&W for failing to meet its contractual obligations with both the Chenango and Broome County IDAs. “Under the agreements between the parties, NYS&W is obligated to maintain the line and to restore it to service promptly should it be damaged due to weather or other causes,” she said. “NYS&W has consistently ignored its obligation to restore damaged track and roadbed.”
The Chenango County IDA is not the only petitioner to have filed in opposition of NYS&W’s intention to discontinue service along the portion of the Utica Branch line damaged by flooding in 2006. The New York State Department of Transportation filed a petition of stay with the STB earlier this month.
The IDA drew attention to this DOT filing in its own petition. “The fact that NYS&W has flouted its commitments under contracts with both Chenango and the state clearly underscores the need for regulation over this proposed discontinuance of service.”
NYS&W spokesperson Melanie Boyer said the railway had been unaware of the IDA’s intention to file the petition with the STB. “Our plans are that we continue to work cooperatively with the IDA,” said Boyer.
According to Boyer, NYS&W is in “active discussions” with Kerry regarding their rail service needs.
The IDA, which holds title to the railroad property that falls within Chenango County, filed a petition late last week encouraging the Surface Transportation Board to “reopen, reject and/or revoke” NYS&W’s notice to discontinue service along the line.
In the documents, the IDA claims NYS&W’s request is contrary to the applicable regulations, contains false and misleading information and is invalid.
In an Aug. 12 filing, NYS&W sought an exemption from formal procedures of rail regulations pertaining to abandonment and discontinuance on the grounds that there had been no local traffic over the line in two years, all existing service had been successfully rerouted and no formal complaint had been filed “regarding cessation of service” within that time period.
The STB acknowledged the NYS&W petition on Aug. 29 and stated the exemption would “be effective on Oct. 1, 2008, unless stayed pending reconsideration.”
According to legal precedent cited in the IDA filing, exemptions are typically granted in instances where there is no demonstrated “need or interest in continued transportation service over the line.” The IDA claims that there has, in deed, been interest.
Included with the filing was the copy of a letter dated prior to the Aug. 12 NYS&W filing from a Norwich-based company, Kerry Bio-Science, requesting service along the line. In light of this request, the IDA stated that “[t]he Board should not condone carriers ignoring requests for service and then invoking the exemption.”
In a sworn statement also included in the filing, IDA Executive Director Maureen Carpenter makes reference to two businesses interested in moving to the area that would require rail service: “If the line is not restored by NYS&W and kept open for future service, the county will lose the ability to attract these industrial business.”
“The lack of rail service has already been detrimental to Chenango County,” Carpenter’s statement continued, citing one business that had already relocated out of the area because of the lack of rail service.
Carpenter also cites NYS&W for failing to meet its contractual obligations with both the Chenango and Broome County IDAs. “Under the agreements between the parties, NYS&W is obligated to maintain the line and to restore it to service promptly should it be damaged due to weather or other causes,” she said. “NYS&W has consistently ignored its obligation to restore damaged track and roadbed.”
The Chenango County IDA is not the only petitioner to have filed in opposition of NYS&W’s intention to discontinue service along the portion of the Utica Branch line damaged by flooding in 2006. The New York State Department of Transportation filed a petition of stay with the STB earlier this month.
The IDA drew attention to this DOT filing in its own petition. “The fact that NYS&W has flouted its commitments under contracts with both Chenango and the state clearly underscores the need for regulation over this proposed discontinuance of service.”
NYS&W spokesperson Melanie Boyer said the railway had been unaware of the IDA’s intention to file the petition with the STB. “Our plans are that we continue to work cooperatively with the IDA,” said Boyer.
According to Boyer, NYS&W is in “active discussions” with Kerry regarding their rail service needs.
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