BNSF Railway files petition requesting STB to enforce, review Union Pacific/Southern Pacific merger conditions from three decades ago

Urgency of request heightened by UP's recent announcement of another proposed merger

FORT WORTH, Texas - BNSF Railway today announced the Class I railroad has filed a petition with the Surface Transportation Board (STB), requesting the immediate review and enforcement of conditions imposed during the Union Pacific (UP) and Southern Pacific (SP) merger nearly 30 years ago.

The petition seeks to address UP's longstanding pattern of obstructive conduct, which has eroded competition and harmed customers.

Since the UP/SP merger of 1996, the UP has repeatedly resisted efforts to preserve competitive rail service, despite conditions established by the STB to protect shippers. BNSF has worked diligently to uphold these rights through negotiations, oversight, and formal petitions, yet UP's obstruction has left many customers with fewer service options than before the merger.

"With UP now proposing another unprecedented merger, this time with Norfolk Southern, the stakes for shippers nationwide could not be higher," said BNSF Executive Vice President and Chief Legal Officer Jill Mulligan. "Before considering any new consolidation, we ask the board to ensure the commitments made during the UP/SP merger are honored, and that competition is, at a minimum, preserved as required under the prior merger standards."

BNSF's petition asks the STB to:

• Review the implementation of UP/SP merger conditions
• Enforce the rights granted to BNSF to maintain competitive access for shippers
• Modify conditions as necessary to prevent further harm and uphold the public interest

Additionally, BNSF requests the board enter a procedural schedule allowing all parties to fully develop the record for the board's review.

Rail customers depend on fair competition to ensure reliable service and reasonable rates. BNSF has persistently voiced its concerns surrounding UP's repeated resistance in complying with merger conditions. This must be addressed before any new proposed merger reshapes the industry, affecting shippers and the overall supply chain from coast to coast.

Contact:Kendall Kirkham SloanDirector, External [email protected]