In one of the two Republic's comment documents filed at the STB on 9/9/21 is the following :
The CSX Parties have filed with the STB an application (the "Application") seeking approval for the CSX Parties' acquisition of control of Pan Am and the merger of certain Pan Am subsidiaries into CSXT, among other implementing transactions related to the control and merger element of the proposed transaction (collectively, the "Transaction"). Republic's previously expressed concerns about the Transaction have now been resolved by the commitments hereby agreed upon between the Parties:
a. NSR, PAS, B&E and CSXT agree to extend the PAS Rail Transportation Agreement for x years upon expiration on December 31, xxxx;
b. NSR, PAS, B&E and CSXT agree to extend the PAS Railroad Track Lease for x years upon expiration on December 31, xxxx; the track lease will be subject to a total fee of xxx payable in x equal, annual payments;
c. CSXT agrees to a x-year extension of CSXT Contract-upon expiration on December 31, xxxx;
d. CSXT agrees to add current rates from Ayer, MA to Niagara Falls, NY and Fostoria, OH to CSXT Contract xxxxx; and
e. NSR, PAS, B&E and CSXT agree to provide an exception to the Rotterdam Routing Protocol for shipments from Ayer, MA to Niagara Falls, NY and Fostoria, OH.
Note that I've inserted 1 or more "x" characters where text was redacted in this filing.
I think item e above is interesting in that I think it will take the current shipment of Republic trash containers / C&D gondolas off the PAS routing to RJ and place them on the B&A to Selkirk Yard, if I understand correctly. I'm guessing would permit CSX to consolidate the Ayer trash/C&D CSX with the trash/C&D that CSX collects from Leominster, Brockton, and other northeast US locations. But it's more tonnage to be removed from PAS, which plays to Canadian Pacific's contention that in the long run the proposed transaction will result in a downgrade of the PAS as a competitive route to/from New England.
And to the point re: CP's concern over the route's viability is this excerpt from a Trains Magazine on-line article including commentary from CSX CEO Jim Foote:
CP also contends CSX over the long term would route its single-line traffic away from Pan Am Southern and onto the B&A, which would significantly diminish the viability of the former B&M main line that carries CP interchange traffic to and from the heart of New England.
https://dcms-external.s3.amazonaws.com/ ... 302986.pdf
Foote was perplexed about why CP wants to continue to run its New England traffic through the Hoosac Tunnel, which he noted has clearance restrictions and cannot accommodate double-stack intermodal traffic. CP does not route intermodal trains via interchange with Pan Am.
“We’ve got a super deluxe double-stack railroad, but they don’t like it for some reason,” Foote says of CSX’s B&A. “So they want to go through the Hoosac, we’ll send them through the Hoosac.”