105 IAC 5-1-45 - Filing of contract and summary; availability

Authority: IC 8-1-1-3

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

Sec. 45.

(a) A railroad or railroads entering into a contract for transportation services with one or more purchasers of rail service shall file with the commission the original and one copy of the contract and two copies of the contract summary with the Public Service Commission, Transportation Department, 901 State Office Building, Indianapolis, Indiana 46204.

(1) Contracts and contract summaries shall not be filed in the same packages with standard tariff filings.

(2) The confidential contract shall not be attached to the contract summary.

(3) The envelope or wrapper containing the contract and summary shall be marked "confidential, rail contract."

(4) A contract and summary shall be accompanied by a transmittal letter identifying the submitted documents, and the name and telephone number of a contact person.

(b)

(1) The contract filed under 170 IAC 3-1.1-40.1[section 40 of this rule] will not be available, for inspection by persons other than the parties to the contract and authorized commission personnel, except by petition demonstrating a likelihood of succeeding on the merits of the complaint and that the matter complained of could not be proven without access to additional contract information. The commission's action in the [sic.] any contract disclosure matter including a petition filed under 170 IAC 3-1.1-40.1[section 40 of this rule] is subject to the limitations imposed by 5 U.S.C. Sec. 552(b) and the Trade Secrets Act, 18 U.S.C. 1905.

(2) A contract and its summary filed under 49 U.S.C. Sec. 10713, may be labeled "nonconfidential" by the parties. Such a designation will permit the general public to inspect the entire contract.

(c) The contract summary filed under this section shall include the information specified in 170 IAC 3-1.1-47.1[section 47 of this rule]. The contract summary shall be made available for inspection by the general public.

(d) The contract summary filed under this section shall not be required to be posted in any stations, but shall be made available from carriers participating in the contract upon reasonable request.

Notes

105 IAC 5-1-45

Indiana Department of Transportation; 105 IAC 5-1-45; filed Feb 27, 1985, 9:24 a.m.: 8 IR 779; 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 6-1-45) to Indiana Department of Transportation (105 IAC 5-1-45) by P.L. 112-1989, SECTION 5, effective July 1, 1989.