Agenda Item 9-F Action Item

To: Chair Bennett-Parker and the VRE Operations Board

From: Rich Dalton

Date: July 16, 2021

Re: Recommend Authorization to Amend the Norfolk Southern Operating Access and Amtrak Access and Storage Agreements

Recommendation: The VRE Operations Board is asked to recommend the Commissions authorize the Chief Executive Officer (CEO) to execute an amendment to the Norfolk Southern Operating Access Agreement and Amtrak Access and Storage Agreement to reflect the Transforming Rail in Virginia (TRV) Service Plan. The Service Plan includes post-acquisition train schedule changes for the VRE Manassas and Fredericksburg line trains anticipated in September of 2021 or soon thereafter.

Summary: This action will incorporate the post-acquisition schedule from the TRV Service Plan as an exhibit to the existing agreements similar to previous actions taken by the Commissions for the Passenger Rail Operations and Access Agreement with Virginia Passenger Rail Authority (VPRA) and the Amended and Restated Operating Access Agreement with CSX Transporation. Background: VRE has an Operating Access Agreement with Norfolk Southern Railway Corporation permitting VRE operations in the Manassas to Washington, DC Corridor. VRE also has an Access and Storage Agreement with the National Railroad Passenger Corporation (Amtrak). These agreements, in part, establish several train operating criteria including train schedules.

In December of 2020, the Commissions authorized the VRE CEO to execute the Passenger Rail Operations and Access Agreement with the VPRA. As part of this Agreement, the

parties agreed to an enhanced service plan (the post-acquisition schedule) for VRE and Amtrak trains to be implemented soon after the acquisition of the right-of-way from CSX Transportation. Also included in the service plan are additional train slots for VRE post- acquisition, after completion of phased Planned Infrastructure Improvements and train slots for weekend service.

In May of 2021, the Commissions authorized the VRE CEO to execute the Amended and Restated Operating Access Agreement with CSX Transporation. The TRV Service Plan, including the post-acquisition schedule, was included as an exhibit in this agreement as well.

The recommended amendments to the agreements with Norfolk Southern and Amtrak will incorporate into each existing agreement, schedule enhancements for VRE Manassas Line trains in accordance with the TRV post-acquisition schedule only. The use of additional trains slots and the final service plans following the Planned Infrastructure Improvements and weekend service will be included in future annual budget discussions and approvals by the Commissions.

Fiscal Impact: There is no fiscal impact to these amendments.

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Virginia Railway Express Operations Board Resolution

9F-07-2021

Recommend Authorization to Amend the Norfolk Southern Operating Access and Amtrak Access and Storage Agreements

WHEREAS, VRE has an Operating Access Agreement with Norfolk Southern Railway Company effective April 2014; and,

WHEREAS, VRE has an Access and Storage Agreement with Amtrak effective July 2020; and,

WHEREAS, the Operating Access Agreement and Access and Storage Agreement, in part, identify train schedules for the VRE Manassas and Fredericksburg line trains as exhibits; and,

WHEREAS, as part of the Passenger Rail Operations and Access Agreement with the Virginia Passenger Rail Authority , the parties agreed to an enhanced service plan affecting VRE and Amtrak trains as part of Transforming Rail in Virginia ; and,

WHEREAS, this action will incorporate the post-acquisition train schedules as exhibits to the respective agreements; and,

WHEREAS, implementation of the post-acquisitions schedules is anticipated to occur in September of 2021 or soon thereafter:

NOW, THEREFORE, BE IT RESOLVED THAT, the VRE Operations Board does hereby recommend the Commissions authorize the Chief Executive Officer to execute an Amendment to the Operating Access Agreement with Norfolk Southern Railway Company to modify the VRE Manassas Line train schedules in a form approved by legal counsel; and,

LET IT BE FURTHER RESOLVED THAT, the VRE Operations Board does hereby recommend the Commissions authorize the Chief Executive Officer to execute an Amendment to the Access and Storage Agreement with Amtrak to modify the VRE Manassas and Fredericksburg Line train schedules in a form approved by legal counsel.

Approved this 16th day of July 2021

______Elizabeth Bennett-Parker Chair ______James Walkinshaw Secretary 3