No doubt the NTSB will order SMART to not interfere with or unreasonably restrict NWP's ability to provide common carrier freight service.

The question becomes - Does NWP as freight operator have the right as a common carrier to use SMART's tracks for storage of cars (presumably) for storage only and not being staged for an on-line customer?

My guess is that STB will dodge the issue but making it clear that SMART cannot restrict NWP as a common carrier, and kick the question as to who actually controls the track(s) in question and can NWP use them for storage to the courts as a SMART/NWP contractual issue. If I am reading it right, SMART owns the track segment in question, so NWP may lose this one.

As many small railroads rely on income from short and long term car storage, this could potentially open a can of worms for owners/lessors/shippers of placarded cars, if they have to provide storage on their own property.