Union Pacific Seeks Dismissal of Metra’s Trackage Rights Request

WASHINGTON — Union Pacific has requested the Surface Transportation Board (STB) to dismiss Metra’s request for trackage rights on its lines in the Chicago area. The freight railroad claims the STB lacks jurisdiction because Metra operates intrastate services.

In a motion filed today, UP stated that Metra’s application “suffers a fatal jurisdictional defect.” The railroad argues that Metra has not met specific requirements established before the Interstate Commerce Commission Termination Act of 1995, which created the STB. Previously, Metra claimed it was not subject to this agency’s jurisdiction due to its primarily intrastate operations.

Although Metra services include one station in Wisconsin — Kenosha on the UP North line — UP argues that only 0.01% of Metra’s passengers use this location. UP describes this small passenger count as a “de minimus” amount of interstate transportation, asserting it does not change the overall intrastate nature of Metra’s operations.

Even if the board acknowledges some interstate service, UP states that the STB would not have jurisdiction over fully intrastate operations on its Northwest and West lines. In March, Metra requested terminal trackage rights on UP lines, explaining that it was necessary for continued service beyond the current contract, which expires on June 30.

UP included a letter dated May 21 from its CEO to Metra Executive Director/CEO Jim Derwinski, emphasizing that UP would “not be stopping service to the millions of people who use Metra daily.” The filing implies that dismissing Metra’s request would prompt the agency to resume negotiations over an access fee rather than seek regulatory relief that UP argues is unavailable.

This filing follows a press release from UP, issued two days prior, which urged Metra to accept its latest access terms, based on rates from other operations in Illinois, Colorado, and California. Metra stated on Thursday it is currently reviewing this latest proposal from UP.