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Do SEF~IT CEjDATE ItJTERSTATE COMMERCE COMMISSIOtJ + ) DECISION Docket No. AB-J07 (Sub-NO. 2X) /~1 WYOMING AND COLORADO RAILROAD COMPANY, INC.-- (•.// ABANDONMENT EXEMPTION--JACKSON COUNTY, CO Decided: October 10, 1995 By a decision served and notice published on Hay 19, 1995, the Commission, under 49 U.S.C. 10505, exempted from the prior approval requirements of 49 U.S.C. 10903-OC the abandonment by Wyoming and Colorado Railroad Company, Inc. (WYCO or the railroad) of a 27.03-mile segment of its Coalmont Branch between milepost 67.47, at the Colorado/Wyoming State line, and the end of the line at milepost 94.5, near Walden, in Jackson County, CO. On May 30, 1995, the State of Colorado (Colorado or the State) filed a formal expressior, of intent to file an offer of financial assistance (OFAj under 49 U.S.C. 10905. Subsequently, on June 16, 1995, Colorado filed an OFA. In a decision served June 22, 1995, the offeror was found to be financially responsible and the offer bo a ide and reasonable to initiate negctiations between the parties. That decision revoked the exemption to the extent necessary to permit the OFA procedures to proceed, and it postponed the effective date of the exemptior, authorizing abandonment pending completior, of the financial assistance procedures. The decision also indicated that if the parties could not agree on terms, either party could request the Commission to establish the terms and conditions of a subsidy or purchase. On July, 17, 1995, Colorado requested that the Commission establish the conditions and compensation for: (1) a 1-year subsidy, and (2) a subsequent purchase of the subject line. On August S, 1995, WYCO replied, and on August 16, 1995, Colorado filed a rebuttal. In a decision served September 15, 1995, the Commission imposed terms and conditions to govern Colorado's subsidy and subsequent purchase of the subject line. The decision gave the State 10 days to accept the terms and conditions or to withdraw its offer and ordered that, If Colorado withdraws its offer or fails to file a timel}' acceptance, the Cor.,mission shall, wit::in 20 days of service of this decision, issue a decision vacating the prior decision that partially revoked the exemption and postponed the effectiveness of the decision granting it. Colorado has failed to file an acceptance of the Commission's terms and conditions. Accordingly, the decision served June 22, 1995, partially revoking and staying the effective date of the exemption, will be vacated. This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.