Crain's Chicago Business
by Paul Merrion
April 21, 2010

(Crain’s) — Canadian National Railway Co. has reported just a tiny fraction of the highway delays caused by stopped or slow-moving trains at rail crossings in the Chicago suburbs, adding fresh controversy to its 2008 acquisition of Elgin Joliet & Eastern Railway Co.

According to an independent audit released Tuesday by the federal Surface Transportation Board, Canadian National trains blocked suburban streets 1,457 times for 10 minutes or more during November and December 2009.

Canadian National, in monthly reports it is required to file, previously had said there were just 14 such incidents during that period.

The STB ordered the railroad to explain the discrepancy at an April 28 hearing in Washington, D.C.

Critics of the merger pounced on the report.

“I look forward to hearing how 1,443 blocked crossings at 85 different sites in just two short months could have gone unreported. They certainly didn’t go unnoticed by the residents who live, work and raise their families near the tracks,” U.S. Rep. Judy Biggert, R-Hinsdale, said in a statement. “And I fully expect to hear how the STB will address this issue. Additional reporting requirements are not enough.

“The STB must reopen their mitigation requirements, account for the true impact of these trains and demand that CN commit the time and resources needed to preserve the safety and quality of life of suburban residents,” she added.

Canadian National, which acquired the EJ&E to route freight traffic around Chicago’s congested railways, was required to report delays of 10 minutes or more as a condition of the merger.

But suburban officials have complained about the accuracy of the reports, which led the agency to hire a consultant to do an independent audit.

According to the consultant’s report, CN apparently reported instances when crossings were blocked by stopped trains but not when streets were blocked for other reasons.

“In many instances, the noted blockages were caused by slow moving trains moving on to and from sidings, movements through low speed connections with other railroads and other CN lines, trains that were stopped for less than ten minutes, and trains slowing down to wait for crossing Metra trains,” the report concluded, suggesting that the STB should clarify its reporting requirements.

By way of comparison, the consultant also noted that during the same period in 2008, before CN acquired control of EJ&E, there were approximately 1,658 instances when those crossings were blocked for 10 minutes or more.

At the hearing next week, the railroad must “explain why Canadian National’s submissions to the Board on crossing blockages of 10 minutes or more differ from data automatically reported by its own crossing gates and why the railroad did not disclose that it had such information.”

“I’d like to think STB will really relook at a lot of the data they’ve accumulated over the last 2½ years,” Barrington Mayor Karen Darch said. “I hope it throws into question much of what CN has put before them.”

Representatives of CN did not immediately return calls seeking comment.