SURFACE TRANSPORTATION BOARD DISMISSES LARGE RATE CASE BASED ON PARTIES' VOLUNTARY SETTLEMENT AFTER BOARD MEDIATION

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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board announced today that the Board has granted
the request of a shipper, E.I. Du Pont de Nemours & Company (DuPont), to
dismiss its November 2008 rate complaint against CSX Transportation, Inc.
(CSXT).  Today's action marks the first settlement aided by Board mediation
in a case filed under the agency's stand-alone cost (SAC) rate-complaint
procedures.


 In a complaint filed on November 10, 2008, in E.I. du Pont de Nemours &
 Company v. CSX Transportation, Inc., Docket No. 42112, DuPont challenged
 the reasonableness of rates established by CSXT for the transportation of
 38 commodities between 99 origin and destination pairs.  DuPont had asked
 the Board to determine the reasonableness of CSXT's rates using the SAC
 test adopted in Coal Rate Guidelines—Nationwide, Ex Parte No. 347 (Sub-No.
 1), 1 I.C.C.2d 520 (1985).  The SAC test is used in the most complex rate
 cases where significant sums of money are at stake.


 In announcing the settlement and the Board's decision, Acting Chairman
 Mulvey expressed his pleasure at the success of the Board's mediation
 efforts:

 "This is the first large rate case mediated to settlement under the
 Board's auspices, and this mediation demonstrates that active Board staff
 involvement at the early stages of the case process can help narrow or, as
 here, completely resolve, disputed issues.  I commend DuPont and CSXT, and
 the Board's staff mediators for their efforts.  The agency will continue
 to promote mediation as an alternative to formal and more expensive
 dispute resolution processes."


 The Board's decision in Docket No. 42112 was issued today, May 11, 2009(
 http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/39969?OpenDocument
 )
 .  That decision is available for viewing and downloading via the Board's
 Web site, at http://www.stb.dot.gov, under "E-LIBRARY," then under "
 Decisions & Notices," beneath the date "05/11/09."


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