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Moose Rail (National Capital Region)

The sustained interest and discussion on this blog is a pleasure to read and reflect upon.

Although MOOSE makes an effort to publicly document every aspect of its initiative (bilingually where feasible), this tends to result in a considerable volume of documentation. And that volume makes it difficult for community observers to notice each nuance of the company's business strategy. It's not particularly easy to explain business model innovation.

We're delighted to report on our new relationship with LeMine Investment Group and Consortia N.A. The 2nd page of our Canada Day media release, which Allandale25 has kindly pointed to, includes a renewed attempt to summarize how the cash flow and ROI are planned to work. Please review that. Meanwhile, it's been a fascinating ride to be a start-up in this business...

MOOSE Consortium is Canada's first private-sector "created-from-scratch" start-up in a century to enter the metropolitan passenger rail market. Other new railway companies have resulted from the acquisition or break-up of existing railway companies. Its name is an acronym for "Mobility Ottawa-Outaouais: Systems and Enterprises". A year ago, on 29 June 2016, MOOSE published a white paper on how to commercially finance and manage a metropolitan railway system in today's market. The release of that paper was timed by MOOSE to mark the 125th Anniversary of the 1891 start-up of the fully private sector "Ottawa Electric Railway Company", which in its era brought the first motorized public transit system to Canada's Capital. After exploring various possibilities in capital markets, MOOSE received an invitation to meet on 29 June 2017 with Lemine-Consortia N.A. Coincidentally, this was exactly a year to-the-day after publishing its commercial financing model.

"All the money's in the property" explained Joseph Potvin, Director General of MOOSE. "Therefore, in essence, our 'Property-Powered Rail, Open Market Development Model' is all about real property value optimization. And in this context, a safe, affordable and beautiful train service is just a method for generating that value."

Some observers on this thread have concluded that in MOOSE's approach, rail is being put forward as a "loss leader" for the property value increment. Well, sure, one could say that an elevator is a loss leader for a high-rise hotel or condo. Given that all the money is made in the units, and there's no fee for people to use the elevator, then perhaps that notion holds. But then, by that measure, one would list each of the operational expenses of running the hotel or condo on the "losses" side of the ledger. Suppose the manager were to test that idea: in the interest of cutting unnecessary losses, the hotel or condo could either under-fund elevator maintenance, or could charge a fee, say 25 cents per person per ride on the elevator. I'd reckon that it won't take too long for such a decision to cut into revenues on the units. Certainly it would do wonders for management-tenant relations! The real question is: what's the optimal amount to spend on the elevators? And for MOOSE, we're looking at the optimal amount to spend on the railway. But make no mistake: the real money is in the property within a short walk of each station.

The way MOOSE looks at rail service in relation to property-generated income is explained in more detail in our Property-Powered Rail white paper, published a year ago (with a couple of edit updates since then). Here's an excerpt that speaks to the above-mentioned point.

2.1 Entrepreneurial Interest in Property as the Driving Force
The Property-Powered Rail Open Market Development Model (PPR) has a dual purpose, with a directional feedback loop in operation between the two. The micro-economic entrepreneurial incentive structure is designed to increase target property income and realized asset values by generating emergent effects (J. Goldstein, 1999) in the form of public transit services as “external economies” (Marshall, 1890, p. 221).
(a) Return on Investment Optimization in Real Property: For investors in strategically located commercial and residential property, PPR describes a way to increase net income and realized- asset value, with controlled financial risk, through the creation of a network of “linked localities”. This is accomplished through private- sector open market development and operation of attractive, safe, efficient and affordable metropolitan passenger railway systems and enterprises. The limited business objective of a PPR project is to optimize real property values (assets and incomes) amongst all of the linked localities, within walking distance of stations. Property-value increases are independently verifiable through routine real property market data.
(b) Metropolitan Transit Systems and Services: For transit stakeholders, PPR describes a self-financing development strategy for metropolitan-scale passenger railway systems and extensions, with zero dependence upon public debt or taxes. Public interest benefits, including low fares, excellent service, and environmental advantages are positive externalities relative to the business of optimizing real property value. In this context, PPR describes a functional incentive structure for private-sector financing of metropolitan rail systems under one or more of the following circumstances:
Persistent fiscal constraints impeding public-sector development of essential services;
Economic culture favouring open competitive commercial development of essential services;
Fragmentation of a metropolitan region into numerous jurisdictions and layers of authority.

Regarding the mission-critical nature of the Prince of Wales Bridge to our business, on which point someone referenced an article in "Inside Ottawa Valley", the straightforward answer is that (a) our management model requires a single rule-set, and the inter-provincial crossing gets us unified federal regulation; and (b) our commercial dynamic requires whole-region operation, otherwise it's not very useful to locate a business or residence within a short walk of any given station. In sum: a train (or metro) is useful to the extent you can go places as a pedestrian. Incidentally, this is also why you'll see us go to bat legally to keep the Chelsea line in operation -- it's the only railway that provides National Capital Region access to Gatineau Park. Cut off access to the park, and that degrades the value of properties throughout the system. MOOSE maintains all the details about each case online.

On behalf of the MOOSE team, including our extensive new set of business associates through LeMine-Consortia N.A. which we announced with Canada's 150th Anniversary, thank you for the constructive criticism of our railway start-up trajectory, sustained by the Urban Toronto blog community. We'll try to keep abreast of your further questions and comments.

Joseph Potvin
Director General | Directeur général
Moose Consortium (Mobility Ottawa-Outaouais: Systems & Enterprises) | www.letsgomoose.com
Consortium Moose (Mobilité Outaouais-Ottawa: Systèmes & Enterprises) | www.onyvamoose.com
joseph.potvin@letsgomoose.com
joseph.potvin@onyvamoose.com
Mobile: 819-593-5983
 
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City defends removal of Ottawa River rail line tracks
City's top lawyer says ripping up some tracks doesn't mean they are discontinuing line
CBC News Posted: Jun 28, 2017 6:44 PM ET Last Updated: Jun 28, 2017 6:44 PM ET

The City of Ottawa is brushing aside concerns it failed in its role as a rail owner when it dismantled a section of tracks near the Prince of Wales Bridge in order to build a new entrance to Bayview Station.

The Canadian Transportation Agency had ordered the city to show by Wednesday why it wasn't in breach of its duty to maintain the rail line when it dismantled about 240 metres of the Ottawa River Line near Bayview Station.

The directive from the transportation agency came after a complaint from Moose Consortium Inc., a group that has had ambitions of offering rail services to outlying communities in Quebec and Ontario.

In a letter to council on Wednesday, City Solicitor Rick O'Connor said while city workers may have rendered some part of the rail line inoperable, it didn't mean the city was discontinuing the line.

City has no intention of discontinuing line
"In light of its clearly stated position, the City has not legally discontinued the [Ottawa River Line] under the CTA, nor does it have any intention of doing so at any point in the foreseeable future," O'Connor wrote.

"The legal 'discontinuance' of a rail line is a concept separate and apart from the physical state and actual usability of that rail line, for present purposes."

The city, in its response to the CTA, also noted that city council had passed motions in March to direct staff and the mayor to explore discussions with Gatineau and its mayor on possible enhancements to public transit between the cities, including, but not limited to, the future use of the Prince of Wales Bridge.
http://www.cbc.ca/news/canada/ottawa/ottawa-rail-rail-line-tracks-1.4182762

Here's a release from the City of Ottawa:
On Wednesday, June 7th, 2017, the City received correspondence from the Canadian Transportation Agency (Agency) on the issue of the City’s light rail construction work in the vicinity of the Bayview Station. More particularly, the Agency’s letter was in respect of the removal of several metres of unused rail track to accommodate the construction of the new Bayview Station and contained the following direction:

The Agency orders the City to show cause, by June 28, 2017, why the Agency should not find that the City has breached its obligations pursuant to Division V of the CTA.

The Agency further asked that the City address the operability of the Ottawa River Line (ORL), including over the Prince of Wales (POW) Bridge, and its plans for the ORL’s ongoing maintenance and eventual use.

The Agency’s interest in the matter arises out of ongoing complaints by MOOSE Consortium Inc. (MOOSE) regarding the City’s alleged failure to maintain the rail infrastructure over the Ottawa River, specifically the POW Bridge and the associated connections to nearby rail lines. MOOSE claims to be a consortium of “a dozen companies actively arranging to finance, develop and operate a commercial passenger rail service” within the National Capital Region and its environs.

The Agency had in 2012 previously rejected MOOSE’s argument that the City had – by allowing the structure to fall into a state of disrepair – “constructively discontinued” the rail line over the POW Bridge. MOOSE’s apparent aim was to force the City to bring the POW Bridge up to a condition of rail usability so as to facilitate MOOSE’s notional operations (these are notional in that the consortium appears to have no running stock, financing or any of the other indicia of a rail company). Despite this rejection, MOOSE has nevertheless continued to pursue the Agency through ongoing complaints and correspondence against the City regarding the ORL.

The background to this latest direction from the CTA is significant, in that the City’s position from the outset has been consistent: that, despite the condition of its rail lines, the City is not seeking to discontinue the ORL in the area of Bayview Station. In effect, and as recognized by the Agency in its 2012 decision rejecting the earlier complaint from MOOSE, the legal “discontinuance” of a rail line is a concept separate and apart from the physical state and actual usability of that rail line, for present purposes.

Legal Services, in consultation with the Transportation Services Department and external counsel with expertise in rail regulatory matters, has prepared a comprehensive response to the Agency’s “show cause” letter. That response, a copy of which is attached, details the following points:

· There are a number of other examples across Canada of rail lines that are incapable of carrying running stock, but which are nevertheless not legally “discontinued” for purposes of the Canada Transportation Act, in that they are capable of being recommissioned in the future.

· While the construction of the Confederation Line has necessitated the current removal of some tracks and obstruction of the Ottawa Rail Line, the City’s future plans include a reconnection of the link between the POW Bridge and the rail lines to the south.

· Further to the above, City Council on March 8, 2017, passed a motion directing staff “to continue to work with their counterparts in the City of Gatineau, to explore potential enhancements to public transit and active mobility connections between Ottawa and Gatineau, including, but not limited to, the future use of the Prince of Wales Bridge, to inform the next update to the Transportation Master Plan.”

· That Motion also asked Mayor Watson “to formalize the exploratory discussions, already initiated by both Mayors, aimed at improving the rapid transit experience for residents of both cities, including, but not limited to, the potential future use of the Prince of Wales Bridge for rapid transit and active mobility with the goal of establishing next steps, and reporting back on the progress of these discussions before the end of this term of Council.”

· In light of its clearly stated position, the City has not legally discontinued the ORL under the CTA, nor does it have any intention of doing so at any point in the foreseeable future.

At this early point in the process, the Agency has confirmed that it has not initiated a dispute proceeding and this latest letter appears to constitute only an inquiry. That said, it is noted that the Canada Transportation Act does set a maximum fine of $25,000 for a corporation that violates the requirements of that legislation, and further gives the Agency “all the powers, rights and privileges that are vested in a superior court” for purposes of enforcing its orders.

Staff are confident that the submissions, along with City Council’s very public support for continued pursuit of a future rail connection between the cities of Ottawa and Gatineau, will demonstrate to the Agency that the City has not legally discontinued the Ottawa Rail Line, and that it has no intention of doing so in the future.

As the Agency has advised that there are no set rules or procedures associated with this “show cause” request, Legal Services cannot advise as to when to expect a decision from the Agency, nor what the next steps may be in the process. I will provide a further update once we have more information from the Agency, in this regard, or any response to the City’s submissions.
http://bulldogottawa.com/city-defends-itself-in-pow-bridge-complaint/

More detail here from CTV:
Construction near Prince of Wales Bridge lands City in hot water with rail authority
[...]
The Agency says a permanent structure blocking the rail line effectively discontinues its use. There is a process for discontinuing a rail line, which the Agency claims the City did not follow.
[...]
The Agency says the City, as a rail line owner, falls under its jurisdiction, and has obligations to maintain a rail line. If the owner wishes to be relieved of these obligations, the Agency says, there is a mechanism “in the form of the transfer and discontinuance provisions under Division V of the Canada Transportation Act.”

The Agency has ordered the City to show cause, by June 28, why it has not breached its rail-ownership obligations. It wants the City to “address the operability of the Ottawa River Line, including over the Prince of Wales Bridge, and its plans for the line’s ongoing maintenance and eventual use.”
[...]
http://ottawa.ctvnews.ca/constructi...ty-in-hot-water-with-rail-authority-1.3448729
 
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Joseph, thanks for the reply above.

Doesn't that conflict with the North-South portion of the LRT plan Phase 2 which just got funding? Do you have to convince the City, through the EA process, to go with your plan instead of LRT for the North-South alignment instead of diesel equipment like GO uses?

Apologies in advance if you've answered this question before or if I'm misunderstanding your plan or the Phase 2 plan.
 
Doesn't that conflict with the North-South portion of the LRT plan Phase 2 which just got funding? Do you have to convince the City, through the EA process, to go with your plan instead of LRT for the North-South alignment instead of diesel equipment like GO uses?

MOOSE's plan is complementary with Ottawa's LTR Phase 1 and Phase 2 plans, except where those plans conflict with federal railway law. The city's preliminary drawings show the elimination of the rail connection with Gatineau, and the operational integration of the Confederation Line (east-west, under federal Ministerial exemption allowing it to be regulated provincially) with the Trillium Line (north-south, under federal regulatory authority since the times of John A. Macdonald). What the City has not realized, is that by integrating the two, they will need to accept federal regulation on the Confederation Line. If integrated, it cannot be both. They've just not quite done their legal homework to see the internal contradiction of their published plan, funded or not.

So, the Trillium Line is and will remain federal, and running rights for other railway companies (MOOSE or others) are described under Section 138 of the Canada Transportation Act. If MOOSE needs to add passing tracks and other infrastructure to the City of Ottawa's corridor, that will be overseen ultimately by the Canadian Transportation Agency. Some forces within the City might well take a position of opposing transit development that extends easy mobility beyond the city's own property tax base -- if they do, well, good luck to them on that stance. We expect the pro-transit whole-NCR-minded forces amongst the City's professional transit staff will prevail.

Regards,

Joseph Potvin
Director General | Directeur général
Moose Consortium (Mobility Ottawa-Outaouais: Systems & Enterprises) | www.letsgomoose.com
Consortium Moose (Mobilité Outaouais-Ottawa: Systèmes & Enterprises) | www.onyvamoose.com
joseph.potvin@letsgomoose.com
joseph.potvin@onyvamoose.com
Mobile: 819-593-5983
 
What the City has not realized, is that by integrating the two, they will need to accept federal regulation on the Confederation Line. If integrated, it cannot be both. They've just not quite done their legal homework to see the internal contradiction of their published plan, funded or not.

If MOOSE needs to add passing tracks and otherinfrastructure to the City of Ottawa'scorridor, that will be overseen ultimately by the Canadian Transportation Agency.

Thanks Joseph. How was Waterloo Road able to use LRT on their corridor which still has freight trains (I assume it is also federally regulated)? I realize frieght trains on the stretch will now be restricted to between 1am-5am (when the LRT is not operating).

What's the timeline on all of this? Won't the City being issuing a RFP soon for consultants to finalize the track plan? Are there any further vote at Ottawa City Council to lock in the plan?

Who owns the corridor right now and who makes the final decision? City Council or the NCR? Are you hoping the City drops using LRT for this corridor and opts for your plan (federally-regulated heavy rail)? In terms of adding more tracks, I assume the biggest cost would be expanding the tunnel under the canal?

Sorry for all the questions. Just trying to wrap my head around all of this. Also apologies if any assumptions above I made are incorrect.
 
MOOSE's plan is complementary with Ottawa's LTR Phase 1 and Phase 2 plans, except where those plans conflict with federal railway law.
Allandale hopped on the same point I've got on my taskbar:
The city's preliminary drawings show the elimination of the rail connection with Gatineau, and the operational integration of the Confederation Line (east-west, under federal Ministerial exemption allowing it to be regulated provincially) with the Trillium Line (north-south, under federal regulatory authority since the times of John A. Macdonald). What the City has not realized, is that by integrating the two, they will need to accept federal regulation on the Confederation Line. If integrated, it cannot be both. They've just not quite done their legal homework to see the internal contradiction of their published plan, funded or not.
This is a point that will be of great interest to a number of readers. My prior post was to give some background on the issue, I didn't make any observations on it as it was too early in the morning to make a point. You've now raised it, and it's worthy of much more discovery and discussion.

Must run right now, but will dig for reference and add more to this later. It *appears* that the City of Ottawa has acted....errr.....'recklessly' on this matter, not just as how that affects Moose, but as to how it affects the retention of existing, even if moribund, rail routes in this nation. You don't have to be a rail fan to realize the value of them, and the CTA agrees.
 
The City owns the corridor. It's federally regulated, so decisions involve various stakeholders.

It's best not to offer speculative answers on your other questions.

Joseph
For obviously good reasons. Interested posters are going to have to do some digging and referencing ourselves.
 
Interested posters are going to have to do some digging and referencing ourselves.

The keeners will find excruciating detail, along with various source documents, in our submissions to the Agency. It's all online:
https://www.letsgomoose.ca/moose-co...rotect-essential-railways-in-canadas-capital/

Joseph Potvin
Director General | Directeur général
Moose Consortium (Mobility Ottawa-Outaouais: Systems & Enterprises) | www.letsgomoose.com
Consortium Moose (Mobilité Outaouais-Ottawa: Systèmes & Enterprises) | www.onyvamoose.com
joseph.potvin@letsgomoose.com
joseph.potvin@onyvamoose.com
Mobile: 819-593-5983
 
The City owns the corridor. It's federally regulated, so decisions involve various stakeholders.

It's best not to offer speculative answers on your other questions.

Joseph

Thanks and understand. But what's the publicly released timing of the LRT project? Are you able to answer in general if what Waterloo Region is doing is a helpful example?

I understand you can't answer but isn't the City of Ottawa already saying they'll buy more LRVs from Alstorm?
 
Allandale25, I can answer questions about MOOSE Consortium's plan, but cannot usefully provide information about the plans of others.

Joseph
 
Thanks and understand. But what's the publicly released timing of the LRT project? Are you able to answer in general if what Waterloo Region is doing is a helpful example?

I understand you can't answer but isn't the City of Ottawa already saying they'll buy more LRVs from Alstorm?

Legally, I'd imagine keeping the line open for freight and keeping the line open for commuter rail would be pretty similar. However, operationally they're very different. The interaction between freight and LRT in K-W will be minimal, at best. In Ottawa, the peak time for LRT would also be the peak time for Moose. This would likely mean infrastructure in addition to what is required for LRT, whereas K-W just requires minor accommodations at stations to run freight.

The entire Moose plan hinges on getting the PoW bridge upgraded/rehabbed and getting access to the Trillium Line between Bayview and the junction south of Confederation. If that doesn't work, they may still be able to run the Ontario lines if they manage to get access to Ottawa's Via Station (a bit farther from downtown, but still on the Confederation Line), but the Quebec lines would be much harder to justify without a physical connection to Ottawa.
 
Allandale25, I can answer questions about MOOSE Consortium's plan, but cannot usefully provide information about the plans of others.

Joseph

Would you need to double track the existing tunnel? Ideally, if all approvals and funding (do you need any government funding) came in, how long would construction take for your plan?
 
Would you need to double track the existing tunnel? ... how long would construction take for your plan?

MOOSE's Canada Day media release states: "Essential upgrades will be done at the beginning, but ongoing improvements will be spread over time to provide stable demand for crews and equipment."

do you need any government funding

MOOSE's Canada Day media release states: "they seek the collaboration of all three levels of government. However they are not asking for any public sector funding or special treatment. The companies believe that federal or provincial financial assistance should go to the municipalities for complementary projects. MOOSE railway and property development and operation would be self-financing. "

Please review the documentation at: https://www.letsgomoose.ca/letter-of-application-cta-2016-06-29/
 
Okay. Thanks for the reply. I'm going to email the City of Ottawa about the LRT timeline questions I have for the corridor.

MOOSE's Canada Day media release states: "Essential upgrades will be done at the beginning, but ongoing improvements will be spread over time to provide stable demand for crews and equipment."



MOOSE's Canada Day media release states: "they seek the collaboration of all three levels of government. However they are not asking for any public sector funding or special treatment. The companies believe that federal or provincial financial assistance should go to the municipalities for complementary projects. MOOSE railway and property development and operation would be self-financing. "

Please review the documentation at: https://www.letsgomoose.ca/letter-of-application-cta-2016-06-29/
 

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