SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
NOR_42127_0

Case Title:  
INTERMOUNTAIN POWER AGENCY v. UNION PACIFIC RAILROAD COMPANY

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION: (1) GRANTED INTERMOUNTAIN POWER AGENCY'S UNOPPOSED MOTION TO MODIFY THE PROCEDURAL SCHEDULE IN THIS PROCEEDING; AND (2) REVISED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Decision Attachments

9 KB
16 KB

Approximate download time at 28.8 kb: 12 Seconds

Note:
If you do not have Acrobat Reader, or if you have problems reading our files with your current version of Acrobat Reader, the latest version of Acrobat Reader is available free at www.adobe.com.

    Full Text of Decision

SEC

41740                                        SERVICE DATE – JULY 6, 2011

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. NOR 42127

 

INTERMOUNTAIN POWER AGENCY

v.

UNION PACIFIC RAILROAD COMPANY

 

Decided:  July 5, 2011

 

            This decision modifies the procedural schedule in this proceeding.

 

            Intermountain Power Agency (IPA) challenges the reasonableness of rates established by Union Pacific Railroad Company (UP) for unit train coal transportation service to IPA’s electric generating facilities at Lynndyl, Utah.  IPA alleges that UP possesses market dominance over the traffic and requests that maximum reasonable rates be prescribed pursuant to the Board’s stand-alone cost (SAC) test.  IPA also alleges that UP’s failure to disclose its rates within 10 business days of when IPA requested them was an unreasonable practice.

 

The Board established a procedural schedule for this proceeding in a decision served on January 27, 2011.  By a decision served on May 10, 2011, the Board modified that schedule to add a deadline for a joint submission of operating characteristics, a filing typically required in SAC rate proceedings.

 

On June 24, 2011, IPA filed a motion to extend the procedural schedule, which IPA states is unopposed by UP.  IPA explains that it recently concluded negotiations on a new coal supply arrangement, that it is in the final stages of negotiations for an additional new coal supply arrangement, and that it needs additional time to incorporate this, and other new information, into the stand-alone railroad analysis it will be presenting.  IPA also states that the discovery process has taken longer than anticipated despite the diligent, good faith efforts of both parties.  Therefore, IPA requests the following revised procedural schedule, which would extend the outstanding deadlines in this proceeding by approximately four weeks:

 

Complainant Files Opening Evidence                                    August 10, 2011

Defendant Files Reply Evidence                                            November 10, 2011

Complainant Files Rebuttal Evidence                                    January 3, 2012

Parties File Closing Briefs                                                      February 15, 2012

 

IPA’s unopposed motion will be granted.  The Board will modify the procedural schedule as described above.

 

It is ordered:

 

1.  IPA’s unopposed motion to modify the procedural schedule is granted.

 

2.  The procedural schedule in this proceeding is revised as described above.

 

3.  This decision is effective on its service date.

 

            By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.