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UP and NS add customer protections to rail merger

Union Pacific and Norfolk Southern expand commitments in response to Surface Transportation Board request.

Rail Track Split Fog Jguemez Pixabay

Union Pacific and Norfolk Southern submitted expanded customer protections to the Surface Transportation Board in response to supplemental information requested when the board accepted their merger application as complete on May 28, 2026.

The filing includes four new or expanded commitments. The combined railroad will expand Committed Gateway Pricing, doubling eligible shipments and extending benefits to bulk unit train shippers. The program is described as the functional equivalent of thousands of haulage agreements in a single enforceable commitment.

The railroads will preserve Class I rail options for 3-to-2 shippers and 2-to-1 shippers where legally possible. According to the filing, no prior rail merger has included a similarly broad commitment to preserve 3-to-2 access.

The companies will provide temporary access to alternative rail service if performance declines during merger integration. A new rate relief process will offer recourse if claimed public benefits are not delivered in a timely manner.

Union Pacific CEO Jim Vena said the merger would create “America’s first transcontinental railroad” and provide coast-to-coast service. Norfolk Southern President and CEO Mark George said shifting freight from road to rail would reduce wear on roads, improve safety and lower emissions.

The merger faces opposition from competitors and customers. Canadian National Railway, Canadian Pacific Kansas City and BNSF Railway filed comments in May arguing the application remains incomplete, lacking required competition analyses and solutions for shippers losing competitive options. BNSF said the merged entity would control 50% of domestic rail freight market share. The Stop the Rail Merger Coalition, including the American Chemistry Council and American Farm Bureau Federation, launched to oppose the transaction. A poll released by the coalition showed 71% of Americans oppose the merger after learning about its impacts.

The companies completed their responses to the STB’s supplemental information requests. In a July 7 filing, Union Pacific and Norfolk Southern stated they have no interest in controlling jointly owned terminal railroads. Union Pacific’s agreement with CN transfers Norfolk Southern’s interests in those entities.

Union Pacific and Norfolk Southern expect the transaction to be completed in mid-2027.

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