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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board has scheduled an oral argument for
Wednesday, June 30, 2010, at the STB's Washington headquarters.
Board members will hear from parties in Seminole Electric
Cooperative, Inc. v. CSX Transportation, Inc., Docket No. NOR
42110
( http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/40795?OpenDocument )
. Seminole Electric is challenging the rates CSX is charging for
coal transported to its generating station near Palatka, Fla.
In this proceeding, the parties will argue whether CSX has "market
dominance" over the traffic involved, meaning an absence of
effective competition. Both sides agree that the rates CSX charges
exceed 180 percent of the variable costs of providing rail
service, one of two conditions the STB sets for establishing
market dominance. The oral argument will focus on the second
condition, whether Seminole Electric has a viable alternative to
rail delivery, in this case the delivery of coal by barge from the
Port of Jacksonville.
Each side in the case will have 20 minutes to argue its position
and to respond to questions from Board members, similar to
proceedings in federal appellate courts. The oral argument is
scheduled to begin at 9:30 a.m. in the hearing room at STB
headquarters, 395 E Street S.W. in Washington, DC. Though the
proceedings are open to the public, only counsel for the parties
to the cases will be permitted to speak. Photo identification is
necessary to enter the building.
A live 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.
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