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Still Time to Be Heard on the Proposed UP-NS Merger: STB Reopens Participation Through Nov. 18

Dear BNSF Customers,

Last Wednesday, the Surface Transportation Board (STB) took important steps toward encouraging customers to weigh in on the proposed Union Pacific-Norfolk Southern merger. Most importantly for you, the Board reopened the window to file a Notice of Intent to Participate (NOIP). If your company missed the Sept. 30 deadline, you can still file a NOIP, along with your comments related to the merger, by Nov. 18.

Specifically, the Board made clear that it will not tolerate any retaliation for voicing opposition to or concern about the merger. We appreciate the Board’s strong commitment to a fair and open process. The Board affirmed that it “will not tolerate actual or threatened retaliation against a stakeholder for participating in this or any other proceeding before the Board,” and stressed that “it is critical that stakeholders feel free to participate openly in this proceeding.” After reviewing a recording of remarks UP's CEO made at the Southwest Association of Rail Shippers conference in March, the Board expressed “serious concerns” that those remarks may be affecting whether stakeholders feel free to share their views “without fear of commercial repercussions.”

The Board’s decision ordered UP to publicly release the recording, which has now been made available. It also directed UP to produce documents and sworn statements about any efforts to influence customer participation. The Board also noted that evidence of retaliation, or threats of retaliation, may affect how it proceeds and how it weighs other evidence in its final decision. Collectively, the decision helps ensure every customer feels free to participate.

What this means for you:

  • File by Nov. 18. If you missed the Sept. 30 deadline, file your NOIP along with your comments. No special permission is needed.
  • Already filed? Just add your comments. You don't need to file a NOIP again. Your comments regarding the merger are due Nov. 18.
  • Get help if you need it. Step-by-step instructions are at BNSF.com/PreserveRailCompetition, or you can reach out to me or your marketing representative.

Nothing is decided. UP and NS carry the burden of proving this merger serves the public interest, and the Board will weigh their case against what it hears from the businesses that move freight every day. We'll continue advocating to protect your choices and preserve rail competition, but no one can explain what fewer rail options would mean for your business better than you can. This is your chance to be heard.

Thank you for your continued partnership. We will keep you informed as this process moves forward.

Sincerely,
Tom G. Williams
Executive Vice President & Chief Marketing Officer