STB establishes procedural schedule in on-time performance of Amtrak’s Sunset Limited service proceeding

The Surface Transportation Board (STB) has issued a decision to establish a procedural schedule, address several motions and filings and provide other directives regarding the board’s investigation into the on-time performance (OTP) of Amtrak’s Sunset Limited service between New Orleans, La., and Los Angeles, Calif. The board is establishing the procedural schedule in anticipation of the end of the discovery period on Aug. 23, 2024, in the interest of advancing the proceeding.

On Dec. 8, 2022, Amtrak submitted a Complaint and Petition for Board Investigation and Other Relief requesting that STB initiate an investigation of the OTP on its Sunset Limited service.  The 1,997-mile-long route travels mostly over track hosted by Union Pacific Railroad Company (UP).

The board has authority to investigate when the OTP of any intercity passenger train averages less than 80 percent for two consecutive quarters.  The purpose of a STB investigation is to determine whether and to what extent delays or failure to achieve the minimum standards are due to causes that could reasonably be addressed by the passenger rail operator or the host railroad.

On July 11, 2023, the board determined the standard for initiating an investigation had been met and began a first of its kind investigation.  In addition to UP, the board named other railroads that operate on the line as parties to the proceeding. STB separated the proceeding into two stages, where Stage One contains the investigative and fact-finding portion, including the discovery period administered by an Administrative Law Judge (ALJ).  At the end of Stage One, the board will issue a decision with its findings. In Stage Two, the board will consider damages and other relief, if applicable.

To date, STB has appointed an investigative liaison; held a technical conference, conducted several rounds of information requests, including identifying a set of individual Amtrak train delays and directing the associated carriers to provide explanations as to the root causes of those incidents, appointed an ALJ to administer the discovery period and has made several procedural decisions. 

The discovery period was scheduled to end on Dec. 20, 2023.  However, the parties requested eight extensions, which extended the discovery period for more than eight additional months. Pursuant to the most recent extension, the discovery period will close on Aug. 23, 2024. 

The decision includes a directive to the parties that any further extension request to the ALJ must be in writing, with a copy sent to STB, and must include a detailed explanation of the need for the requested relief.  In addition, the decision states the procedural schedule for pleadings will not be tolled or extended absent a STB order and any further extensions will be disfavored.

The parties are also directed to prepare their briefs in this proceeding and the decision provides guidance on topics the parties must address in those briefs.  Amtrak’s opening statement is due by Oct. 7, 2024.  Railroad party replies to Amtrak’s opening statement are due by Dec. 23, 2024.  Non-party replies are due Jan. 22, 2025.  Railroad party rebuttals to non-party replies are due Feb. 21, 2025.  Amtrak’s rebuttal to all replies is due by Feb. 21, 2025.

STB also decided the following issues: 

• The city of New Orleans is not a necessary party to this proceeding at this time. 
• Amtrak’s petition requesting STB to issue a show-cause order regarding UP’s preservation of dispatch playback records is denied. 
• UP shall review and resubmit a version of its April 15, 2024, root cause narrative, its June 4, 2024, root cause narrative and its June 14, 2024, root cause narrative with “Confidential” and/or “Highly Confidential” information redacted, including (where necessary) explanations for its redactions, in accordance with the direction in the decision, by Sept. 9, 2024. 
• UP shall inform STB if any “Highly Confidential” information from the narrative has been shared with Amtrak in-house personnel by Sept. 9, 2024. 

STB’s decision can be found here.