Letter Decision No. LET-R-1-2002

January 4, 2002

Application by Ferroequus Railway Company Limited pursuant to sections 93 and 138 of the Canada Transportation Act, S.C., 1996 c. 10.

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This is in reference to the application of the Canadian Pacific Railway Company (CP) dated December 21, 2001 wherein CP requested intervener status and filed preliminary objections with respect to the above-noted application.

CP submits that it has an interest in the proceedings and should be granted intervener status for the following six reasons: Ferroequus Railway Company Limited's (FE) application solicits traffic originating on CP lines which will impact CP, its shippers and train operations; FE has not discussed its proposed scheme with CP regarding interchange arrangements at Camrose, Alberta and Lloydminster, Saskatchewan; diversion of grain traffic from Vancouver, British Columbia will affect CP's operations; CP should be included in discussions of their rates and programs; use by FE of the interchange constructed by CP at Lloydminster can not be undertaken without the input of CP and should have CP input since CP owns the interchange and; the application includes discussion of CP's role in the grain handling system.

The Agency finds that CP has a direct interest in FE's application for running rights in that any order made by the Agency in this respect would have a significant impact on the operations of CP. CP is therefore granted intervener status in this matter.

With respect to the preliminary objections raised by CP, FE is hereby directed to provide any answer to the objections raised by CP in its application of December 21, 2001 on or before 5:00 p.m., EST Monday, January 14, 2002. CP may file a reply to FE's answer on or before noon, EST Monday, January 21, 2002.

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