[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Notices]
[Pages 64290-64291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25340]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. NOR 42136]


Intermountain Power Agency v. Union Pacific Railroad Company--
Oral Argument

    The Surface Transportation Board will hold oral argument on 
Thursday, November 14, 2013, at 9:30 a.m., in the hearing room at the 
Board's headquarters located at 395 E Street SW., Washington, DC. The 
argument will address the complaint of Intermountain Power Agency (IPA) 
challenging the reasonableness of rates established by Union Pacific 
Railroad Company (UP) for unit train coal transportation service from a 
point of interchange with the Utah Railway Company at Provo, Utah, to 
IPA's electric generating facilities at Lynndyl, Utah. The oral 
argument will be open for public observation, but only counsel for the 
parties will be permitted to present arguments.
    IPA filed its complaint on May 30, 2012, and filed its opening 
evidence on December 17, 2012. UP filed its reply evidence on April 12, 
2013. IPA filed its rebuttal evidence on July 3, 2013, and the parties 
filed final briefs on August 14, 2013. On August 29, 2013, IPA filed an 
unopposed motion requesting that the Board hold an oral argument in 
this proceeding. In their final briefs, the parties dispute numerous 
issues, among them whether certain traffic in IPA's Stand-Alone Cost 
model includes an

[[Page 64291]]

improper cross-subsidy and whether the Board should apply a new cross-
subsidy test proposed by UP to replace the Board's existing test. 
Parties should focus their argument on the cross-subsidy issues in 
addition to any other issues they consider important.
    By November 7, 2013, each party shall submit to the Board the name 
of the counsel who will be presenting argument, and the name of the 
party counsel will be representing. IPA shall have 20 minutes to 
present its argument, and UP shall have 20 minutes to present its 
argument. IPA, in its filing, shall address the requested time reserved 
for rebuttal, if any.
    Counsel for the parties shall check in with Board staff in the 
hearing room prior to the argument.
    A video broadcast of the oral argument will be available via the 
Board's Web site at http://www.stb.dot.gov, under ``Information 
Center''/``Webcast''/``Live Video'' on the home page.

Instructions for Attendance at Argument

    The STB requests that all persons attending the argument use the 
Patriots Plaza Building's main entrance at 395 E Street SW., (closest 
to the northeast corner of the intersection of 4th and E Streets). 
There will be no reserved seating, except for those scheduled to 
present oral arguments. The building will be open to the public at 7:00 
a.m., and participants are encouraged to arrive early. There is no 
public parking in the building.
    Upon arrival, check in at the 1st floor security desk in the main 
lobby. Be prepared to produce valid photographic identification 
(driver's license or local, state, or Federal government 
identification); sign-in at the security desk; receive a hearing room 
pass (to be displayed at all times); submit to an inspection of all 
briefcases, handbags, etc.; then pass through a metal detector. Persons 
choosing to exit the building during the course of the argument must 
surrender their hearing room passes to security personnel and will be 
subject to the above security procedures if they choose to re-enter the 
building. Hearing room passes likewise will be collected from those 
exiting the argument upon its conclusion.
    Laptops and recorders may be used in the hearing room, but no 
provision will be made for connecting personal computers to the 
Internet. Cellular telephone use is not permitted in the hearing room; 
cell phones may be used quietly in the corridor surrounding the hearing 
room or in the building's main lobby.
    The Board's hearing room complies with the Americans with 
Disabilities Act, and persons needing such accommodations should call 
(202) 245-0245 by the close of business on November 13, 2013.
    For further information regarding the oral argument, contact 
Jonathon Binet, (202) 245-0368. Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at (800) 
877-8339.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. Oral argument in this proceeding will be held on November 14, 
2013, at 9:30 a.m. in the Surface Transportation Board Hearing Room, at 
395 E Street SW., Washington, DC, as described above.
    2. By November 7, 2013, the participants shall submit to the Board 
the names of the counsel who will be presenting argument and the name 
of the party counsel will be representing. IPA and UP, in their 
filings, also shall advise the Board how they choose to divide their 
time and address the requested time reserved for rebuttal, if any.
    3. This decision is effective on the date of service.

    Decided: October 22, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-25340 Filed 10-25-13; 8:45 am]
BILLING CODE 4915-01-P