Durbin Asks for Increased Transparency in Light of Unprecedented $250,000 Fine Issued Against CN for Violations
[WASHINGTON, D.C.] – After learning that the Surface Transportation Board issued an unprecedented $250,000 fine against Canadian National (CN) for violations along the recently acquired Elgin, Joliet and Eastern Railway (EJ&E), U.S. Senator Dick Durbin (D-IL) today asked the Illinois Commerce Commission (ICC) to bring more oversight and transparency to the voluntary agreements CN has with 26 of the 33 affected communities in Illinois and Northwest Indiana. Currently, neither CN nor the Surface Board of Transportation has made any of these agreements public.
Durbin wrote: “I believe it is important for the public to also have access to the agreements CN reached with communities along the EJ&E. The ICC has the ability to request these agreements via Freedom of Information Requests. The ICC should compile these agreements and make them available on the ICC website. In light of the STB’s recent findings and decision, citizens and communities deserve the right to inspect these agreements and hold CN accountable for the promises they made.”
Additionally, Durbin cited an instance last year where access to information was crucial to protecting communities: “Soon after CN submitted their first blocked crossing report in April of 2009, citizens and communities along the EJ&E line began to voice concerns about the reports’ accuracy and completeness. The STB responded to those concerns by ordering an independent audit to investigate CN’s reporting of blocked crossings caused by their trains. The public access to this information was instrumental in correcting a serious violation of the STB’s conditions of the CN-EJ&E merger.”
[Text of the letter is below and attached]
December 21, 2010
Manuel Flores
Acting Chairman
Illinois Commerce Commission
527 East Capitol Avenue
Springfield, Illinois, 62701
Dear Acting Chairman Flores:
I am writing to encourage the Illinois Commerce Commission (ICC) to bring more oversight and transparency to the Canadian National’s (CN) acquisition of the Elgin, Joliet and Eastern Railway (EJ&E). As of today, CN has reached voluntary mitigation agreements (VMAs) with 26 of the 33 affected communities in Illinois and Northwest Indiana. In many instances, these negotiated settlements include funding commitments from CN to communities for safety upgrades, noise mitigation and economic development projects. Unfortunately, neither the STB nor CN have made any of these agreements public to date.
Today, the STB issued a $250,000 fine to CN for knowingly underreporting how long and how often their trains blocked rail-road crossings. The public and press have access to all of CN’s blocked crossing reports submitted to the STB. Citizens and communities along the EJ&E line began to voice concerns about the accuracy and completeness of the reports soon after they were made public in April of 2009. The STB responded to those concerns by ordering an independent audit to investigate CN’s reporting of blocked crossings caused by their trains. The public access to this information was instrumental in correcting a serious violation of the STB’s conditions of the CN-EJ&E merger.
I believe it is important for the public to also have access to the agreements CN reached with communities along the EJ&E. The ICC has the ability to request these agreements via Freedom of Information Requests. The ICC should compile these agreements and make them available on the ICC website. In light of the STB’s recent findings and decision, citizens and communities deserve the right to inspect these agreements and hold CN accountable for the promises they made.
Thank you for your consideration of this request.