105 IAC 5-1-35 - Reasonableness of existing rates; burden of proof

Authority: IC 8-1-1-3

Affected: IC 8-3-1-3; IC 8-3-1-8

Sec. 35.

(a) Jurisdiction-The defendant railroad shall bear the burden of showing that the commission lacks jurisdiction to review a rate because the rate produces a revenue-variable cost percentage that is less than the percentages found in 49 U.S.C. Sec. 10709(d)(2). The railroad shall meet its burden of proof by showing the revenue-variable cost percentage for the transportation to which the rate applies is less than the threshold percentage cited in 49 U.S.C. Sec. 10709(d)(2). A complainant may rebut the railroad's evidence with a showing that the revenue-variable cost percentage is equal to or greater than the threshold percentage cited in 49 U.S.C. Sec. 10709(d)(2).

(b) Reasonableness of existing rates:

(1) A party complaining that an existing rate is unreasonably high shall bear the burden of proving that such rate is not reasonable.

(2) A party complaining that an existing rate is unreasonably low shall bear the burden of demonstrating that the rate does not contribute to the going concern value of the carrier, and is therefore unreasonably low.

(3) Savings provisions-Any interested party may file a complaint alleging that an intrastate railraod [sic.] rate which was in effect on the effective date of the Staggers Act (October 1, 1980) is subject to market dominance under the provisions of 49 U.S.C. Sec. 10709 and is not reasonable under the provisions of 49 U.S.C. Sec. 10701(a). Such complaint must have been filed with the public service commission of Indiana within 180 days of the effective date of the Staggers Act, i.e., by March 30, 1981.

Any rate which is not challenged in a complaint filed by March 30, 1981, or which is challenged in such a complaint but (A) the rail carrier is found not to have market dominance over the transportation to which the rate applies, or (B) the rate is found to be reasonable, shall be deemed to be lawful and may not thereafter be challenged in the commission or in any court (excluding appeals from a decision of the commission).

These provisions shall not apply to any rate under which the volume of traffic transported during the twelve month period immediately preceding the effective date of the Staggers Act did not exceed 500 net tons and has increased tenfold within the three year period immediately preceding the bringing of a challenge to the reasonableness of such rate.

The complainant shall bear the burden of proving that a rate in effect on October 1, 1980, as described in this section, is unreasonable.

Notes

105 IAC 5-1-35

Indiana Department of Transportation; 105 IAC 5-1-35; filed May 18, 1983, 2:18 p.m.: 6 IR 1214; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA Readopted filed 10/4/2019, 9:49 a.m.: 20191030-IR-105190422RFA

Transferred from Department of Transportation ( 100 IAC 6-1-35) to Indiana Department of Transportation (105 IAC 5-1-35) by P.L. 112-1989, SECTION 5, effective July 1, 1989.