National Coal Transportation Association Spring General Conference April 12, 2016
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1 National Coal Transportation Association Spring General Conference April 12, 2016 Thomas W. Wilcox 1055 Thomas Jefferson St., NW Suite 500 Washington, D.C (202)
2 STB Reauthorization Act of 2015 Implementation Key Pending Proceedings CP-NS Merger Activity Potential Effect on Coal Rates and Service 2
3 Rail rate case processes Stand Alone Cost case schedule in Act adopted 3/9/16 Meetings with stakeholders and internal analyses of processes One year to adopt rules establishing a voluntary and binding arbitration process to resolve rail rate and practice complaints Rate reasonableness standards Ongoing rate regulation study started in 2014 has been folded into Reauthorization Act reporting requirement Original revenue adequacy provision (49 U.S.C ) amended to add for the infrastructure and investment needed to meet the present and future demand for rail services to the items the STB s rules are take into account 3
4 New Investigative Authority 49 U.S.C 11701(a) STB may now initiate investigations on its own initiative (previously, only upon complaint) Directly related to service issues and STB s response (hearings; data gathering) Limitations/Parameters Act-set procedures and time limits Only issues of national or regional significance Separation of staff functions 4
5 STB is now independent agency outside of DOT Authorized Board size has been increased from three to five members Three or more: knowledge in fields of transportation, transp. regulation, or economic regulation Two or more: professional or business experience in private sector Timing of expansion is an issue Authority of majority of members to discuss ongoing proceedings 5
6 EP 431, Review of the General Purpose Costing System (URCS) EP 661 (Sub-No.2), Rail Fuel Surcharges (Safe Harbor) EP 665 (Sub-No.1), Rail Transportation of Grain, Rate Regulation Review EP 664 (Sub- No. 2), Petition of WCTL to Institute Rulemaking to Abolish the use of the Multi-Stage Discounted Cash Flow Model in Determining the Railroad s Cost of Capital EP 722, Railroad Revenue Adequacy NOR 42142, Consumers Energy Co. v. CSX Transp., Inc. Ongoing study of the STB s railroad rate regulation practices 6
7 EP 724 (Sub-No. 4), U.S. Rail Service Issues Performance Data Reporting EP 711, Petition for Rulemaking to Establish Competitive Switching Rules 7
8 April EP 431 (Sub No. 4) URCS changes EP 724 (Sub No. 4) Service Data Reporting June EP 711 Competitive switching proposal Start proceeding to examine how to expedite STB rate cases August EP 665 (Sub No.1) Rate regulations as applied to grain 8
9 September EP 661 (Sub No.2) Fuel surcharges (HDF safe harbor) October EP 664 (Sub- No. 2) Multi-Stage cash flow methodology EP 722 Revenue Adequacy test and rate methodology December Final rules on arbitration of rates and practice disputes Final rules on implementing new STB investigative authority Final report produced from ongoing rate regulation study 9
10 CP made several proposals to merge with NS, all of which were rejected CP asked the STB to rule expeditiously on two aspects of a hypothetical voting trust Coal shippers affected because CP-NS likely would have triggered consolidation of RR industry into two or three major railroads Would have overtaken pending proceedings and might have resulted in changes to existing law Competitive switching and access, service commitments, rate reasonableness/processes Bottleneck rate rules 10
11 Based on STB s conclusion in 2001 that next major merger would trigger consolidation into two transcon RRs Require a greater showing of public interest by applicants Service Assurance Plans - to ensure adequate service and to provide improved service Emphasis on enhancing competition Bottleneck rates and routings Access by third parties over merged railroad s tracks Elimination of Paper Barriers Great uncertainty: The service assurances and competitive enhancements that would come out of a merger and their application industrywide 11
12 Short term ( remainder of 2016) URCS changes and service metric data final rules HDF Safe Harbor decision No changes to existing rate rule standards Numerous opportunities to weigh in on critical policy issues and makeup of Board Continued transparency by STB Longer term (2017 and beyond) Expansion of STB to 5 members Development of STB s use of investigative authority More clarity on Revenue Adequacy rules and policies Changes to rate rule standards and processes Promotion of arbitration to resolve rate and service disputes Revised access/switching rules 12
13 A Major Railroad Merger Proposal 13
14 Tom Wilcox
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