News from the Oklahoma Corporation Commission

OKLAHOMA CITY – The Kansas City Southern Railway has agreed to pay a $2,750 fine to settle allegations by the Corporation Commission that the railroad illegally blocked grade crossings in Sallisaw 51 times in 1998.

A settlement agreement reached with the commission staff and approved by the commissioners also dismisses a contempt action filed by the commission following investigation of complaints by citizens and the Sallisaw Police Department. The complaints claimed that certain crossings were being blocked for longer than the 10 minutes allowed by a commission rule.

The settlement agreement also acknowledges that the railroad is now in "substantial compliance with applicable commission rules" and directs the Kansas City Southern to seek a variance to the time limit rule on crossing blockage.

The variance would allow blockage of a crossing for longer than 10 minutes without penalty by notifying police and other city officials in advance so emergency motor vehicle traffic could be temporarily rerouted.

Complaints to the Corporation Commission in 1998 indicated most of the alleged crossing blockage problems occurred at the South Walnut Street crossing, near an intermodal transfer point where the railroad moves truck trailers to and from railroad flatcars.

Evidence presented at a commission hearing indicated breaking the train (to open the crossing) during freight transfer is not feasible. A variance to the 10-minute time limit rule would provide a temporary compromise solution until the railroad can relocate its intermodal transfer facility, a commission spokesman said.

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