Current through Register Vol. XLI, No. 13, March 29, 2024
3.1. Election of access charge methodology.
In its application an accessing shipper shall elect to have
its access charge established under either the "stand alone cost" methodology,
or the "carrier access" methodology. The shipper's election contained in its
application shall be binding on the shipper for that and all subsequent
applications filed by the shipper for use of the same access facilities within
the thirty-six (36) months following the date on which the initial election is
filed.
3.2. Change of
access charge methodology.
Notwithstanding section 3.1. of these regulations, a shipper
may elect to change the applicable access charge methodology by notifying the
accessed carrier and undertaking to compensate the accessed carrier for the
reasonable expenses incurred by the accessed carrier in calculating an access
charge using the new methodology.
3.3. Stand alone cost methodology.
3.3.1. An access charge to an accessing
shipper computed using the stand alone cost methodology seeks to give the
accessed carrier the same contribution to its fixed costs that it would obtain
if the accessed carrier charged a rate to the accessing shipper for
transportation over the access facilities at the stand alone cost level
established in the Interstate Commerce Commission's Coal Rate Guidelines
Nationwide, Ex Parte 347 (Sub. No.1).
3.3.2. The access charge to an accessing
shipper for use of the access facilities to move a specified annual tonnage of
a commodity over the access facilities shall be equal to the stand alone cost
to the accessing shipper of moving that specified annual tonnage of its own
traffic over the access facilities, reduced by the accessed carrier's avoidable
costs of serving that traffic over the access facilities. In its application
for a shipper access order, the accessing shipper requesting an access charge
calculated under a stand alone cost methodology shall specify the annual
tonnage it wishes to move over the access facilities.
3.3.3. In calculating its proposed access
charge using a stand alone cost methodology, the accessed carrier shall present
a base case that makes the following simplifying assumptions;
a. all shippers of bulk commodities
originating on, terminating on, or overhead to the access facilities are part
of the stand alone group and have the same elasticity of demand for use of the
access facilities;
b. all non-bulk
traffic originating on, terminating on, or overhead to the access facilities
can cover only variable costs;
c.
the costs of off-line facilities needed to handle bulk commodities of other
shippers originating on, terminating on, or overhead to the access facilities
are fully compensated by the rates that are charged (or that could be charged)
to the shippers of those commodities; and
d. the facilities needed to provide stand
alone service to the accessing shipper (and to other shippers in the stand
alone group) are the access facilities currently in place.
3.3.4. In accordance with the ICC's stand
alone cost methodology:
a. the facilities
needed to provide stand alone service to the shipper (and other shippers in the
stand alone cost group) should be valued at their depreciated current cost; and
b. the return on the depreciated
current cost of the access facilities should be equal to the ICC's most recent
determination of the nominal current cost of capital to the railroad
industry.
3.3.5. The
accessed carrier's access charge proposals shall also identify the
traffic-sensitive costs that the accessing shipper's use of the access
facilities will cause the accessed carrier to incur and that are not included
in the stand alone cost calculation. The access charge proposed shall propose a
method for measuring such costs and compensating the accessed
carrier.
3.3.6. In addition to the
base case, the accessed carrier may show that one or more of the bases case
assumptions is not appropriate for the specific case in issue, and the effect
of that variation from the base case on the stand alone cost of the accessing
shipper providing its own service.
3.3.7. Stand alone cost rates below
jurisdictional levels.
3.3.7.1. If the stand
alone cost of serving the accessing shipper or shipper group is less than one
hundred eighty percent (180%) of the variable cost to the accessed carrier of
providing the service, the stand alone cost of serving the accessing shipper or
shipper group shall be conclusively presumed to equal one hundred eighty
percent (180%) of the variable cost to the accessed carrier of providing the
service.
3.3.7.2. For purposes of
this section, the accessed carrier shall compute the variable cost of serving
the shippers traffic in the same manner required or permitted under the
Interstate Commerce Act to determine the jurisdictional threshold of the
Interstate Commerce Commission's rate reasonableness jurisdiction.
3.4. Carrier Access
Methodology.
3.4.1. An access charge to an
accessing shipper calculated using the carrier access methodology seeks to
afford the accessed carrier the same contribution to its fixed costs as it
would obtain if the shipper were served by an accessing carrier with access
charges calculated under the Commission's carrier access regulations.
3.4.2. If the accessing shipper elects to
have its access charge calculated pursuant to the carrier access regulations,
the accessed carrier shall assume as a base case that all shippers of bulk
commodities have identical elasticities of demand for use of the access
facilities. The accessed carrier may propose an alter native access charge
predicated upon such shippers having different elasticities of demand for rail
service, but shall explain, in detail, the basis for its conclusion.
3.4.3. Procedural rights of accessing shipper
using carrier access methodology.
3.4.3.1.
The accessing shipper shall have the same procedural rights as an accessing
carrier including the right to propose a base case access charge predicated
upon all shippers of bulk commodities on the access facilities having identical
elasticities of demand for rail service over the access facilities, and an
alternative access charge predicated upon those shippers of bulk commodities
having differing elasticities of demand for rail service over the access
facilities.
3.4.3.2. An accessing
shipper shall not be entitled to receive from the accessed carrier any shipper
specific data regarding the traffic of other shippers using the access
facilities unless those shippers consent thereto. The accessing shipper shall
be entitled to data showing gross-tonages of each commodity moved over the
access facility in each of the three (3) preceding years.
3.4.4. The Commission will select either the
base case access charge schedule or the alternative access charge schedule
proposed by the accessed carrier, or the base case access charge schedule or
alternative access charge schedule proposed by the accessing shipper.