[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Notices]
[Page 46018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22275]


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DEPARTMENT OF TRANSPORTATION
[Docket Nos. 41242 et al.1]


Central Power & Light Company v. Southern Pacific Transportation 
Company

AGENCY: Surface Transportation Board, Transportation.

    \1\ This notice embraces: No. 41295, Pennsylvania Power & Light 
Co. v. Consolidated Rail Corp.; and No. 41626, MidAmerican Energy 
Co. v. Union Pac. R.R. and Chicago and North W. Ry. A fourth case--
No. 41604, Western Resources, Inc. v. The Atchison, T.&S.F. Ry.--
involves similar issues, but has been stayed pending judicial 
resolution of certain contract interpretation matters.
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ACTION: Request for comments.

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SUMMARY: The Board is seeking comments on certain common legal and 
policy issues raised by these cases which have industry-wide 
significance for rail carriers and their captive shippers. The 
immediate issue in these cases is whether a captive shipper can obtain 
prescription of a rate for the ``bottleneck'' segment of its rail 
shipments (the portion of the movement for which no alternative 
transportation route is possible), based upon a challenge to the 
reasonableness of a local rate that has generally not been applied to 
its traffic. The broader issues involved are whether and how a captive 
shipper can obtain a competitive route for the non-bottleneck portion 
of its moves and whether a rate reasonableness analysis can be limited 
to the bottleneck segment, relying on competition to constrain the 
rates charged on the segment of a move that is subject to competition.
    The Board is soliciting comments and briefing on these issues from 
all interested persons and will hold an oral argument. The oral 
argument will be limited to the generic issues addressed in the Board's 
decision and will not address other issues specific to an individual 
case.

DATES: Comments are due by September 30, 1996.

ADDRESSES: Send an original and 10 copies of submissions, referring to 
Nos. 41242 et al. to: Office of the Secretary, Case Control Branch, 
Surface Transportation Board, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.
    One copy of each submission should be sent to counsel for each 
party of record in each of the cases.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660. 
[TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Additional details, including a fuller 
description of the issues, appear in the Board's full decision. To 
purchase a copy of the full decision, write to, call, or pick up in 
person from DC News & Data, Inc., Room 2229, 1201 Constitution Avenue, 
N.W., Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance 
for the hearing impaired is available through TDD services at (202) 
927-5721.]

    Decided: August 23, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-22275 Filed 8-29-96; 8:45 am]
BILLING CODE 4915-00-P