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zoz47 This decision wi!'_ be inc:uded i:: .he bound volumes of the STB printed repo its at a later date. SURFACE TRANS PORTATiON 3OARD Finance Dockec No. 3'_760 UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY DeCisiOn NO. 44' Decided: August 6, 1996 The Board approves, with certain conditions, the common control and merger of the rail carriers controlled by Union Pacific Corporation (Union Pacific Railroad Company and Missouri Pacific Railroad Company) and the rail carriers controlled by Southern Pacific Rail Corporation (Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company).' ' This decision covers the Finance Docket No. 32760 lead proceeding and the embraced proceedings listed in Appendix A. ` The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (the Act), enacted December 29, 1995, and effective January 1, 1996, abolished the Interstate Commerce Commission (ICC) and transferred certain functions and proceedings to the Surface Transportation Board (Board). Section 204 (b)(1) of the Act provides, in general, that proceedings pending before the ICC at the time of its termination that involve functions transferred to the Board pursuant to the Act shall be decided (1) by the Board, and (2) under the law in effect prior to January 1, 1996. The Finance Docket No. 32760 lead proceeding, the Finance Docket No. 32760 (Sub-Nos. 1 to 9) embraced proceedings, and the 17 embraced abandonment and 4 embraced discontinuance proceedings were pending with the ICC at the time of its termination. The Finance Docket No. 32760 (Sub-Nos. lo, 11, 12, 13, 14, 16, and 17) embraced proceedings were not then pending but will be considered as if they had been because responsive applications that seek to invoke the conditioning power of old 49 U.S.C. 11344 (c) have never been regarded as independent applications. See Burlington Northern Inc and Burlington Northern Railroad Companv--Control and Merger--Santa ^e Pacific Corporation and The Atchison Topeka and Santa Ge Railway Comganv, Finance Docket No. 32549, Decision No. 38 (ICC served Aug. 23, 1995) (BN F) (slip op. at 55 n.76). Except as noted in the next two paragraphs, all of the proceedings addressed in this decision involve functions that are subject to our jurisdiction pursuant to new 49 U.S.C. 11323-27 (control/merger transactions), new 49 U.S.C. 11102 (terminal facilities), and new 49 U.S.C. 10903-OS (abandonments), and we will therefore decide these proceedings under the law in effect prior to January 1, 1996. The Finance Docket No. 32760 (Sub-NO. 8) proceeding, wherein applicants seek an exemption from the trucking company acquisition requirements Of old 49 U.S.C. 11343-44, involves a function that is not subject to our jurisdiction under the law in effect on and after January 1, 1996. We will nevertheless decide (continued...)