IN THE MATTER OF the application by the Rodgers and High Creek Junction Railway (hereinafter the applicant), pursuant to section 160 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), (hereinafter the NTA, 1987), for authority to abandon the operation of the High Creek Junction Branch Line between High Creek (mileage 0.0) and Fordge (mileage 2.4), (hereinafter the branch line), a total distance of 2.4 miles, in the Province of Alberta.File No. 39309.29 WHEREAS the application was received by the National Transportation Agency (hereinafter the Agency) on June 1, 2000 and notice of the application was given by the applicant pursuant to subsection 160(5) of the NTA, 1987; WHEREAS no opposition to the proposed abandonment of the branch line was received by the Agency within the period set out in section 161 of the NTA, 1987; WHEREAS on November 2, 2000, the Agency reported an interim determination of the amounts of actual loss incurred in the operation of the branch line and received further opposition; WHEREAS there was no evidence provided by the interveners or on file which indicated that the branch line would become economic; and WHEREAS no offer to purchase the branch line has been made pursuant to section 174 of the NTA, 1987 within the period prescribed in section 161 of the NTA, 1987. UPON consideration of all material on file related to the subject application, THE AGENCY HEREBY: 1. Determines that a public hearing is not necessary and that the Decision can be made on the information on file. 2. Determines that the amounts of the actual loss incurred by the applicant in the operation of the branch line in each of the prescribed financial years are as follows:
3. Determines that the branch line is uneconomic and that there is no reasonable probability of its becoming economic in the foreseeable future. THE AGENCY HEREBY ORDERS THAT: 1. In compliance with subsection 165(1) of the NTA, 1987, the applicant shall abandon the operation of the Rodgers and High Creek Junction Branch Line between High Creek (mileage 0.0) and Fordge (mileage 2.4), a total distance of 2.4 miles, in the Province of Alberta, thirty (30) days from the date of this Order. 2. The applicant shall advise the Agency in writing of the dates upon which: i) the operation of the High Creek Junction Branch Line has been abandoned, and |
