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UP and NS Assert Revised Merger Filing Meets All Board Requirements

Union Pacific and Norfolk Southern contended their amended merger application satisfies Surface Transportation Board demands in a Tuesday filing. The revised submission addresses three deficiencies cited in the board's rejection of the initial application: market-share data using the most current available information on merger-related traffic changes; Terminal Railroad Association of St. Louis control status, which the carriers said they have "unambiguously and unconditionally" indicated they will not seek to control; and complete merger agreement documentation, including provisions allowing UP to exit the deal. More than 13 of the 46 pages in the response detail how the railroads believe they fulfilled market-share data requirements, drawing on methodology from three external experts. The carriers pushed back against criticism regarding data presentation format, noting no party objected during initial comment periods and the board previously identified no structural defects. The Surface Transportation Board must decide by May 30 whether to accept the revised application or reject it again as incomplete.