22 May 2008
Mayo Says Canadian Pacific Documents Confirm Fears
Rochester Minnesota USA - Nonpublic, sealed data made
available to Mayo Clinic attorneys in the federal government's review of Canadian Pacific's bid to buy the DM&E validates Mayo's
concerns regarding future hazardous materials shipment traffic through Rochester, the clinic says.
Mayo's position is spelled out in a 22-page brief filed this week with the federal Surface Transportation Board. The board
is scheduled to decide later this year whether Canadian Pacific may finalize its US$1.48-billion purchase offer for the
Dakota, Minnesota & Eastern Railroad, which has tracks through Rochester.
Two Mayo Clinic attorneys were permitted to view the nonpublic data, part of Canadian Pacific's filing to the federal Surface
Transportation Board, under terms of a nondisclosure requirement. Under the requirement, Mayo is allowed to make conclusions from the
data, but cannot share the factual information of the data.
The conclusion? "In short, Mayo Clinic's safety concerns have been directly on target throughout this proceeding," the brief
says.
Ethanol Shipments
According to Mayo, the confidential data shows that more hazardous material - specifically ethanol - would be transported through
Rochester than Canadian Pacific and DM&E previously have said.
Mayo Clinic's concern is that a train derailment from DM&E's line near the downtown campus would set off a catastrophe threatening
thousands of workers and patients.
The shipments would start after the Rochester portion of DM&E's line is upgraded in 2009, according to Mayo Clinic.
Railroad Response
Canadian Pacific spokesman Mark Seland said that ethanol technically is not categorized as a hazardous material. He said the
discrepancies between the confidential data, which dates from February, and the earlier statements, from last October, are attributable
to the fact that plans for two new Upper Midwest ethanol plants came out in that interim. "We have had to update our forecast and
routings of ethanol on several different occasions," Seland said.
Also in its briefing, Mayo contends that the now-higher projections for ethanol traffic, and other factors, mean the STB
should give fresh consideration to granting Rochester additional protections.
The relationship between Mayo and CP began last fall on a hopeful note that the parties could voluntarily negotiate terms agreeable to
both sides. Neither party would say that the Mayo Clinic filing this week affected the relationship.
Seland said the railroad has provided Mayo with an individual briefing the day before or day of each of its STB filings. He was aware
of no other party along the line receiving that courtesy, he said.
Mayo spokesman Chris Gade also said the parties "maintain conversation and dialogue."
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