80_FR_27373 80 FR 27281 - Railroad Revenue Adequacy; Petition of the Western Coal Traffic League To Institute a Rulemaking Proceeding To Abolish the Use of the Multi-Stage Discounted Cash Flow Model in Determining the Railroad Industry's Cost of Equity Capital

80 FR 27281 - Railroad Revenue Adequacy; Petition of the Western Coal Traffic League To Institute a Rulemaking Proceeding To Abolish the Use of the Multi-Stage Discounted Cash Flow Model in Determining the Railroad Industry's Cost of Equity Capital

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 92 (May 13, 2015)

Page Range27281-27283
FR Document2015-11565

The Surface Transportation Board (Board) will hold a public hearing on July 22-23, 2015, at its headquarters in Washington, DC, to further examine issues raised in Docket No. EP 722 related to railroad revenue adequacy, and issues raised in Docket No. EP 664 (Sub-No. 2) on how the Board calculates the railroad industry's cost of equity capital. These proceedings are not consolidated but are being addressed in the same decision for administrative convenience.

Federal Register, Volume 80 Issue 92 (Wednesday, May 13, 2015)
[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Proposed Rules]
[Pages 27281-27283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11565]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[Docket No. EP 722; Docket No. EP 664 (Sub-No. 2)]


Railroad Revenue Adequacy; Petition of the Western Coal Traffic 
League To Institute a Rulemaking Proceeding To Abolish the Use of the 
Multi-Stage Discounted Cash Flow Model in Determining the Railroad 
Industry's Cost of Equity Capital

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of public hearing.

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SUMMARY: The Surface Transportation Board (Board) will hold a public 
hearing on July 22-23, 2015, at its headquarters in Washington, DC, to 
further examine issues raised in Docket No. EP 722 related to railroad 
revenue adequacy, and issues raised in Docket No. EP 664 (Sub-No. 2) on 
how the Board calculates the railroad industry's cost of equity 
capital. These proceedings are not consolidated but are being addressed 
in the same decision for administrative convenience.

DATES: The hearing will be held on July 22-23, 2015, beginning at 9:30 
a.m., in the Hearing Room at the Board's headquarters located at 395 E 
Street SW., Washington, DC. The hearing will be open for public 
observation. Any party wishing to speak at the hearing shall file with 
the Board by July 8, 2015, a notice of intent to participate 
(identifying the party, the proposed speaker, and the time requested, 
and summarizing the key points that the speaker intends to address). 
The notices of intent to participate are not required to be served on 
the parties of record; they will be posted to the Board's Web site when 
they are filed. Parties shall file hearing exhibits, if any, by July 
22, 2015.

ADDRESSES: All filings may be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should attach a document and otherwise comply with the instructions at 
the ``E-FILING'' link on the Board's Web site at ``www.stb.dot.gov.'' 
Any person submitting a filing in the traditional paper format should 
send an original and 10 copies of the filing to: Surface Transportation 
Board, Attn: Docket No. [EP 722 or EP 664 (Sub-No. 2), as the case may 
be], 395 E Street SW., Washington, DC 20423-0001.
    Copies of written submissions will be posted to the Board's Web 
site and will

[[Page 27282]]

be available for viewing and self-copying in the Board's Public Docket 
Room, Suite 131. Copies of the submissions will also be available (for 
a fee) by contacting the Board's Chief Records Officer at (202) 245-
0238 or 395 E Street SW., Washington, DC 20423-0001.

FOR FURTHER INFORMATION CONTACT: For Docket No. EP 722: Scott Zimmerman 
at (202) 245-0386. For Docket No. EP 664 (Sub-No. 2): Amy Ziehm at 
(202) 245-0391. Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On April 2, 2014, the Board served a notice 
announcing that it would receive comments in Docket No. EP 722 to 
explore the Board's methodology for determining railroad revenue 
adequacy and the use of revenue adequacy in rate reasonableness cases, 
and in Docket No. EP 664 (Sub-No. 2) \1\ to explore how the Board 
calculates the railroad industry's cost of equity capital. The Board 
coordinated the two proceedings by inviting comments in both cases on 
the same schedule. Comments and replies were due on September 5, 2014 
and November 4, 2014, respectively.
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    \1\ The Board instituted a rulemaking in this proceeding in 
response to a petition by the Western Coal Traffic League. Pet. of 
W. Coal Traffic League to Institute a Rulemaking Proceeding to 
Abolish the Use of Multi-Stage Discounted Cash Flow Model in 
Determining the R.R. Indus.'s Cost of Equity Capital, EP 664 (Sub-
No. 2) (STB served Dec. 20, 2013).
---------------------------------------------------------------------------

    Having reviewed the comments and replies filed in these 
proceedings, the Board will now hold a public hearing on July 22-23, 
2015, beginning at 9:30 a.m., at its headquarters in Washington, DC, to 
further examine these issues. The parties have raised a number of 
issues for the Board to consider. In Docket No. EP 722, many of the 
comments focused on the revenue adequacy component of Constrained 
Market Pricing, by which the Board judges the reasonableness of rail 
freight rates. The parties should be prepared to discuss issues related 
to the revenue adequacy constraint, as set forth in Coal Rate 
Guidelines, Nationwide (Coal Rate Guidelines), 1 I.C.C. 2d 520 (1985), 
and are invited to address the following questions:
    [cir] In Coal Rate Guidelines, the Interstate Commerce Commission 
indicated that revenue adequacy is a long term concept that should be 
measured ``over time.'' 1 I.C.C.2d at 536. Some comments suggest that 
revenue adequacy should be measured over a business cycle, while others 
suggest that a business cycle would not be sufficient. If the revenue 
adequacy constraint were to be utilized, what would be an appropriate 
time period? What would be an appropriate definition for a ``business 
cycle'' if the Board were to use that as a time measure?
    [cir] In Coal Rate Guidelines, the Interstate Commerce Commission 
stated that ``[a] railroad seeking to earn revenues that would provide 
it, over the long term, a return on investment above the cost of 
capital would have to demonstrate with particularity: (1) A need for 
the higher revenues; (2) the harm it would suffer if it could not 
collect them; and (3) why the captive shippers should provide them.'' 
Id. at 536 n.36. Some comments allude to this language in suggesting 
that, in the case of a revenue adequate railroad, that railroad should 
be required to justify rate increases on captive shippers. Should the 
Board consider requiring a revenue adequate railroad, whose increased 
rate has been challenged, to justify the increase on a complaining 
captive shipper? Would such an approach be consistent with the Board's 
governing statute and/or relevant case law?
    [cir] Constrained market pricing imposes constraints on the extent 
to which a railroad may charge differentially higher rates on captive 
traffic, and several comments contend that captive shippers should not 
be required to differentially provide returns in excess of adequate 
revenue levels. Should a revenue adequate railroad's ability to 
differentially price be limited for all captive shippers or for a 
subset of captive shippers that are most likely to be subject to the 
railroad's market power? Is there a way to identify those shippers that 
are most likely to be subject to the railroad's market power, such as 
through Revenue to Variable Cost ratios, the Revenue Shortfall 
Allocation Method, or something approximating the Maximum Mark-up 
Methodology used in the Board's rate proceedings?
    Additionally, the parties should be prepared to further explore the 
following issues raised in the comments and replies:
    [cir] Some comments suggest that revenue adequacy should be tied to 
the availability of competitive access remedies. What competitive 
access remedies would be appropriate (and consistent with the Board's 
governing statute) when a railroad is revenue adequate? Because a 
proposal regarding competitive access remedies is currently pending 
before the Board, see Petition For Rulemaking to Adopt Revised 
Competitive Switching Rules, Docket No. EP 711, parties are asked to 
specifically consider the impact of revenue adequacy on that proposal, 
particularly in light of the recent service issues faced by the 
industry.
    [cir] Some comments argue that any proposal that would limit the 
railroads' return on investment would negatively impact the railroads' 
ability to invest in their networks and expand capacity. Please discuss 
the impact of your revenue adequacy proposals on the railroads, again, 
in light of the recent service issues faced by the industry.
    With respect to Docket No. EP 664 (Sub-No. 2), the parties should 
be prepared to discuss whether the method the Board uses to make its 
annual industry cost of equity capital determinations needs to be 
modified and how such modifications, if any, should be implemented. The 
parties are also invited to discuss the following issues raised in the 
comments:
    [cir] As part of its annual cost of capital determination, the 
Board uses a Multi-Stage Discounted Cash Flow (Multi-Stage DCF) model. 
Some comments suggest that the Board's Multi-Stage DCF model is biased 
upward. Does such a problem exist and, if so, how is it best corrected?
    [cir] Since 2009, the Board has relied on the Capital Asset Pricing 
Model (CAPM) as part of its annual cost of capital determination. Under 
CAPM, ``beta'' is used to measure the amount of non-diversifiable risk 
of the railroad industry. Some comments note that betas for the 
railroad industry have ranged above and below 1.0 since 2009. Do those 
changes in beta reflect actual differences in the riskiness of the 
railroad industry? Should the Board consider setting beta equal to 1.0 
or some other figure?
    [cir] Some comments suggest that the Board's approach for 
determining the ``market risk premium'' under CAPM is atypical. Is the 
Board's methodology sufficiently reliable or are there more commonly 
used approaches that the Board should consider adopting?
    [cir] Certain comments note that the Board's CAPM analysis 
currently relies on a sample of four observations. Does this sample 
adequately reflect the railroad industry, or would using a broader 
sample, such as the S&P 500, lead to a more realistic estimate in 
determining the cost of equity?
    [cir] Some comments contend that the Board should consider changes 
to how it determines Return on Investment. Would changes to the Return 
on Investment methodology require changes to the Cost of Capital 
methodology? Should the Board consider adjusting how it determines 
Return on Investment (e.g., using replacement costs) and how could 
those

[[Page 27283]]

adjustments be implemented in a practicable manner?

Board Releases and Live Video Streaming Available via the Internet

    Decisions and notices of the Board, including this notice, are 
available on the Board's Web site at www.stb.dot.gov. This hearing will 
be available on the Board's Web site by live video streaming. To access 
the hearing, click on the ``Live Video'' link under ``Information 
Center'' at the left side of the home page beginning at 9:30 a.m. on 
July 22-23, 2015.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. A public hearing will be held on July 22-23, 2015, at 9:30 a.m., 
at the Board's headquarters at 395 E Street SW., Washington, DC, as 
described above.
    2. By July 8, 2015, any party wishing to speak at the hearing shall 
file with the Board a notice of intent to participate (identifying the 
party, the proposed speaker, and the time requested, and summarizing 
the key points that the speaker intends to address). The notices of 
intent to participate need not be served on the parties of record. 
Parties appearing at the hearing shall file hearing exhibits, if any, 
by July 22, 2015.
    3. This decision is effective on its service date.

    Decided: May 8, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-11565 Filed 5-12-15; 8:45 am]
 BILLING CODE 4915-01-P



                                                                               Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Proposed Rules                                                     27281

                                                         In the comments, various parties have                  requirement should be modified to                          DEPARTMENT OF TRANSPORTATION
                                                      also proposed new methodologies that                      allow for increased transparency.
                                                      could be used specifically for rate cases                                                                            Surface Transportation Board
                                                      involving grain shipments. These                          Board Releases and Live Video
                                                      approaches include adopting a ‘‘Two-                      Streaming Available via the Internet                       49 CFR Chapter X
                                                      Benchmark’’ approach for grain                               Decisions and notices of the Board,                     [Docket No. EP 722; Docket No. EP 664
                                                      shipments hauled by revenue adequate                                                                                 (Sub-No. 2)]
                                                                                                                including this notice, are available on
                                                      carriers 3 and replacing the existing
                                                                                                                the Board’s Web site at
                                                      Three-Benchmark approach with an ‘‘Ag                                                                                Railroad Revenue Adequacy; Petition
                                                      Commodity Maximum Rate                                    ‘‘www.stb.dot.gov.’’ This hearing will be                  of the Western Coal Traffic League To
                                                      Methodology,’’ which includes a                           available on the Board’s Web site by live                  Institute a Rulemaking Proceeding To
                                                      ‘‘Revenue Adequacy Adjustment                             video streaming. To access the hearing,                    Abolish the Use of the Multi-Stage
                                                      Factor.’’ 4 To the extent that any parties                click on the ‘‘Live Video’’ link under                     Discounted Cash Flow Model in
                                                      feel that these approaches have merit or                  ‘‘Information Center’’ at the left side of                 Determining the Railroad Industry’s
                                                      are flawed, they should be prepared to                    the home page beginning at 9:30 a.m. on                    Cost of Equity Capital
                                                      discuss.                                                  June 10, 2015.
                                                         Revenue Adequacy. Interested parties                                                                              AGENCY:   Surface Transportation Board,
                                                                                                                   This action will not significantly                      DOT.
                                                      are invited to address whether the Board                  affect either the quality of the human
                                                      should consider the revenues and costs                                                                               ACTION:   Notice of public hearing.
                                                                                                                environment or the conservation of
                                                      of Canadian carriers’ full-system                         energy resources.                                          SUMMARY:    The Surface Transportation
                                                      operations, to include the parent                                                                                    Board (Board) will hold a public hearing
                                                      company and subsidiaries, when                               It is ordered:
                                                                                                                                                                           on July 22–23, 2015, at its headquarters
                                                      determining revenue adequacy in rate                         1. A public hearing will be held on                     in Washington, DC, to further examine
                                                      reasonableness challenges of grain                        June 10, 2015, at 9:30 a.m., in the                        issues raised in Docket No. EP 722
                                                      shipments.                                                Board’s Hearing Room, at 395 E Street                      related to railroad revenue adequacy,
                                                         Aggregation of Claims. Interested                      SW., Washington, DC, as described                          and issues raised in Docket No. EP 664
                                                      parties are asked to address whether the                  above.                                                     (Sub-No. 2) on how the Board calculates
                                                      Board should allow multiple                                                                                          the railroad industry’s cost of equity
                                                      agricultural farmers and other                               2. Any party wishing to speak at the
                                                                                                                hearing shall file with the Board a                        capital. These proceedings are not
                                                      agricultural shippers to aggregate their                                                                             consolidated but are being addressed in
                                                      distinct rate claims against the same                     notice of intent to participate
                                                                                                                (identifying the party, the proposed                       the same decision for administrative
                                                      carrier into a single proceeding.                                                                                    convenience.
                                                         Other Ideas. Additionally, in further                  speaker, the time requested, and a
                                                      considering the matter of grain rates,                    summary of the key points the speaker                      DATES: The hearing will be held on July
                                                      parties are invited to discuss whether                    intends to address) no later than May                      22–23, 2015, beginning at 9:30 a.m., in
                                                      there are ways in which the Board could                   29, 2015. The notices of intent to                         the Hearing Room at the Board’s
                                                      create greater transparency for grain                     participate need not be served on the                      headquarters located at 395 E Street
                                                      shippers regarding how railroads set                      parties of record. Parties appearing at                    SW., Washington, DC. The hearing will
                                                      rates. To that end, parties at the hearing                the hearing shall file hearing exhibits, if                be open for public observation. Any
                                                      are asked to address the disclosure                                                                                  party wishing to speak at the hearing
                                                                                                                any, by June 10, 2015.
                                                      requirements for agricultural tariff rates                                                                           shall file with the Board by July 8, 2015,
                                                                                                                   3. This decision is effective on its                    a notice of intent to participate
                                                      under 49 CFR 1300.5 5 and whether this
                                                                                                                service date.                                              (identifying the party, the proposed
                                                      requirement should be modified to
                                                      allow for increased transparency. Parties                   Decided: May 8, 2015.                                    speaker, and the time requested, and
                                                      are also asked to address the                               By the Board, Joseph H. Dettmar, Acting
                                                                                                                                                                           summarizing the key points that the
                                                      requirement that rail carriers file                       Director, Office of Proceedings.                           speaker intends to address). The notices
                                                      agricultural contract summaries under                                                                                of intent to participate are not required
                                                                                                                Raina S. Contee,
                                                      49 CFR part 1313 6 and whether this                                                                                  to be served on the parties of record;
                                                                                                                Clearance Clerk.                                           they will be posted to the Board’s Web
                                                        3 See  id. at 25.
                                                                                                                [FR Doc. 2015–11558 Filed 5–12–15; 8:45 am]                site when they are filed. Parties shall
                                                        4 See  National Grain and Feed Association              BILLING CODE 4915–01–P                                     file hearing exhibits, if any, by July 22,
                                                      Opening 27–35.                                                                                                       2015.
                                                        5 Under § 1300.5(a), a rail carrier must publish,
                                                                                                                                                                           ADDRESSES: All filings may be submitted
                                                      make available, and retain for public inspection its
                                                      currently effective rates, schedules of rates, charges,
                                                                                                                                                                           either via the Board’s e-filing format or
                                                      and other service terms, and any scheduled changes                                                                   in the traditional paper format. Any
                                                      to the same with respect to transportation of                                                                        person using e-filing should attach a
                                                      agricultural products (including grain, as defined in                                                                document and otherwise comply with
                                                      7 U.S.C. 75 and products thereof). The information
                                                      published must include an accurate description of
                                                                                                                                                                           the instructions at the ‘‘E–FILING’’ link
                                                      the services offered to the public; the specific                                                                     on the Board’s Web site at
                                                                                                                                                                           ‘‘www.stb.dot.gov.’’ Any person
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      applicable rates (or the basis for calculating the
                                                      rates), charges, and service terms; and be arranged                                                                  submitting a filing in the traditional
                                                      in a way that allows for the determination of the
                                                      exact rate, charges, and service terms applicable to
                                                                                                                products (including grain as defined in 7 U.S.C. 75)       paper format should send an original
                                                                                                                and allows complaints to be filed regarding such           and 10 copies of the filing to: Surface
                                                      any given shipment. 49 CFR 1300.5(b).
                                                                                                                contracts. 49 CFR 1313.1 and 1313.2. The level of
                                                      Additionally, the rail carrier must highlight any                                                                    Transportation Board, Attn: Docket No.
                                                      increases, reductions, and other changes so that the      information that must be provided in the summary
                                                                                                                varies depending on whether contract is for grain
                                                                                                                                                                           [EP 722 or EP 664 (Sub-No. 2), as the
                                                      nature and effective dates of those changes are
                                                      readily identifiable. Id.                                 and whether the shipment is to a port. At a                case may be], 395 E Street SW.,
                                                        6 Section 1313 requires that rail carriers subject to   minimum the summary must include: The carrier              Washington, DC 20423–0001.
                                                      the Board’s jurisdiction promptly file a summary of       name; the specific commodity; the shipper’s                   Copies of written submissions will be
                                                      each contract for the transportation of agricultural      identity; the rail car data; the rates; and the charges.   posted to the Board’s Web site and will


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                                                      27282                  Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Proposed Rules

                                                      be available for viewing and self-                      to be utilized, what would be an                      revenue adequacy on that proposal,
                                                      copying in the Board’s Public Docket                    appropriate time period? What would be                particularly in light of the recent service
                                                      Room, Suite 131. Copies of the                          an appropriate definition for a ‘‘business            issues faced by the industry.
                                                      submissions will also be available (for a               cycle’’ if the Board were to use that as                 Æ Some comments argue that any
                                                      fee) by contacting the Board’s Chief                    a time measure?                                       proposal that would limit the railroads’
                                                      Records Officer at (202) 245–0238 or                       Æ In Coal Rate Guidelines, the                     return on investment would negatively
                                                      395 E Street SW., Washington, DC                        Interstate Commerce Commission stated                 impact the railroads’ ability to invest in
                                                      20423–0001.                                             that ‘‘[a] railroad seeking to earn                   their networks and expand capacity.
                                                      FOR FURTHER INFORMATION CONTACT: For                    revenues that would provide it, over the              Please discuss the impact of your
                                                      Docket No. EP 722: Scott Zimmerman at                   long term, a return on investment above               revenue adequacy proposals on the
                                                      (202) 245–0386. For Docket No. EP 664                   the cost of capital would have to                     railroads, again, in light of the recent
                                                      (Sub-No. 2): Amy Ziehm at (202) 245–                    demonstrate with particularity: (1) A                 service issues faced by the industry.
                                                      0391. Assistance for the hearing                        need for the higher revenues; (2) the                    With respect to Docket No. EP 664
                                                      impaired is available through the                       harm it would suffer if it could not                  (Sub-No. 2), the parties should be
                                                      Federal Information Relay Service                       collect them; and (3) why the captive                 prepared to discuss whether the method
                                                      (FIRS) at (800) 877–8339.                               shippers should provide them.’’ Id. at                the Board uses to make its annual
                                                      SUPPLEMENTARY INFORMATION: On April                     536 n.36. Some comments allude to this                industry cost of equity capital
                                                      2, 2014, the Board served a notice                      language in suggesting that, in the case              determinations needs to be modified
                                                      announcing that it would receive                        of a revenue adequate railroad, that                  and how such modifications, if any,
                                                      comments in Docket No. EP 722 to                        railroad should be required to justify                should be implemented. The parties are
                                                      explore the Board’s methodology for                     rate increases on captive shippers.                   also invited to discuss the following
                                                      determining railroad revenue adequacy                   Should the Board consider requiring a                 issues raised in the comments:
                                                                                                              revenue adequate railroad, whose                         Æ As part of its annual cost of capital
                                                      and the use of revenue adequacy in rate
                                                                                                              increased rate has been challenged, to                determination, the Board uses a Multi-
                                                      reasonableness cases, and in Docket No.
                                                                                                              justify the increase on a complaining                 Stage Discounted Cash Flow (Multi-
                                                      EP 664 (Sub-No. 2) 1 to explore how the
                                                                                                              captive shipper? Would such an                        Stage DCF) model. Some comments
                                                      Board calculates the railroad industry’s
                                                                                                              approach be consistent with the Board’s               suggest that the Board’s Multi-Stage
                                                      cost of equity capital. The Board
                                                                                                              governing statute and/or relevant case                DCF model is biased upward. Does such
                                                      coordinated the two proceedings by
                                                                                                              law?                                                  a problem exist and, if so, how is it best
                                                      inviting comments in both cases on the
                                                                                                                 Æ Constrained market pricing                       corrected?
                                                      same schedule. Comments and replies
                                                                                                              imposes constraints on the extent to                     Æ Since 2009, the Board has relied on
                                                      were due on September 5, 2014 and
                                                                                                              which a railroad may charge                           the Capital Asset Pricing Model (CAPM)
                                                      November 4, 2014, respectively.
                                                         Having reviewed the comments and                     differentially higher rates on captive                as part of its annual cost of capital
                                                      replies filed in these proceedings, the                 traffic, and several comments contend                 determination. Under CAPM, ‘‘beta’’ is
                                                      Board will now hold a public hearing on                 that captive shippers should not be                   used to measure the amount of non-
                                                      July 22–23, 2015, beginning at 9:30 a.m.,               required to differentially provide                    diversifiable risk of the railroad
                                                      at its headquarters in Washington, DC,                  returns in excess of adequate revenue                 industry. Some comments note that
                                                      to further examine these issues. The                    levels. Should a revenue adequate                     betas for the railroad industry have
                                                      parties have raised a number of issues                  railroad’s ability to differentially price            ranged above and below 1.0 since 2009.
                                                      for the Board to consider. In Docket No.                be limited for all captive shippers or for            Do those changes in beta reflect actual
                                                      EP 722, many of the comments focused                    a subset of captive shippers that are                 differences in the riskiness of the
                                                      on the revenue adequacy component of                    most likely to be subject to the railroad’s           railroad industry? Should the Board
                                                      Constrained Market Pricing, by which                    market power? Is there a way to identify              consider setting beta equal to 1.0 or
                                                      the Board judges the reasonableness of                  those shippers that are most likely to be             some other figure?
                                                      rail freight rates. The parties should be               subject to the railroad’s market power,                  Æ Some comments suggest that the
                                                      prepared to discuss issues related to the               such as through Revenue to Variable                   Board’s approach for determining the
                                                      revenue adequacy constraint, as set                     Cost ratios, the Revenue Shortfall                    ‘‘market risk premium’’ under CAPM is
                                                      forth in Coal Rate Guidelines,                          Allocation Method, or something                       atypical. Is the Board’s methodology
                                                      Nationwide (Coal Rate Guidelines), 1                    approximating the Maximum Mark-up                     sufficiently reliable or are there more
                                                      I.C.C. 2d 520 (1985), and are invited to                Methodology used in the Board’s rate                  commonly used approaches that the
                                                      address the following questions:                        proceedings?                                          Board should consider adopting?
                                                         Æ In Coal Rate Guidelines, the                          Additionally, the parties should be                   Æ Certain comments note that the
                                                      Interstate Commerce Commission                          prepared to further explore the                       Board’s CAPM analysis currently relies
                                                      indicated that revenue adequacy is a                    following issues raised in the comments               on a sample of four observations. Does
                                                      long term concept that should be                        and replies:                                          this sample adequately reflect the
                                                                                                                 Æ Some comments suggest that                       railroad industry, or would using a
                                                      measured ‘‘over time.’’ 1 I.C.C.2d at 536.
                                                                                                              revenue adequacy should be tied to the                broader sample, such as the S&P 500,
                                                      Some comments suggest that revenue
                                                                                                              availability of competitive access                    lead to a more realistic estimate in
                                                      adequacy should be measured over a
                                                                                                              remedies. What competitive access                     determining the cost of equity?
                                                      business cycle, while others suggest that
                                                                                                              remedies would be appropriate (and                       Æ Some comments contend that the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      a business cycle would not be sufficient.
                                                                                                              consistent with the Board’s governing                 Board should consider changes to how
                                                      If the revenue adequacy constraint were
                                                                                                              statute) when a railroad is revenue                   it determines Return on Investment.
                                                        1 The Board instituted a rulemaking in this           adequate? Because a proposal regarding                Would changes to the Return on
                                                      proceeding in response to a petition by the Western     competitive access remedies is currently              Investment methodology require
                                                      Coal Traffic League. Pet. of W. Coal Traffic League     pending before the Board, see Petition                changes to the Cost of Capital
                                                      to Institute a Rulemaking Proceeding to Abolish the     For Rulemaking to Adopt Revised                       methodology? Should the Board
                                                      Use of Multi-Stage Discounted Cash Flow Model in
                                                      Determining the R.R. Indus.’s Cost of Equity
                                                                                                              Competitive Switching Rules, Docket                   consider adjusting how it determines
                                                      Capital, EP 664 (Sub-No. 2) (STB served Dec. 20,        No. EP 711, parties are asked to                      Return on Investment (e.g., using
                                                      2013).                                                  specifically consider the impact of                   replacement costs) and how could those


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                                                                             Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Proposed Rules                                                  27283

                                                      adjustments be implemented in a                            This action will not significantly                 points that the speaker intends to
                                                      practicable manner?                                     affect either the quality of the human                address). The notices of intent to
                                                                                                              environment or the conservation of                    participate need not be served on the
                                                      Board Releases and Live Video                           energy resources.                                     parties of record. Parties appearing at
                                                      Streaming Available via the Internet                       It is ordered:                                     the hearing shall file hearing exhibits, if
                                                                                                                 1. A public hearing will be held on                any, by July 22, 2015.
                                                         Decisions and notices of the Board,                  July 22–23, 2015, at 9:30 a.m., at the
                                                      including this notice, are available on                                                                         3. This decision is effective on its
                                                                                                              Board’s headquarters at 395 E Street                  service date.
                                                      the Board’s Web site at www.stb.dot.gov.                SW., Washington, DC, as described
                                                      This hearing will be available on the                                                                           Decided: May 8, 2015.
                                                                                                              above.
                                                      Board’s Web site by live video                             2. By July 8, 2015, any party wishing                By the Board, Joseph H. Dettmar, Acting
                                                      streaming. To access the hearing, click                 to speak at the hearing shall file with               Director, Office of Proceedings.
                                                      on the ‘‘Live Video’’ link under                        the Board a notice of intent to                       Jeffrey Herzig,
                                                      ‘‘Information Center’’ at the left side of              participate (identifying the party, the               Clearance Clerk.
                                                      the home page beginning at 9:30 a.m. on                 proposed speaker, and the time                        [FR Doc. 2015–11565 Filed 5–12–15; 8:45 am]
                                                      July 22–23, 2015.                                       requested, and summarizing the key                    BILLING CODE 4915–01–P
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Document Created: 2015-12-16 07:46:28
Document Modified: 2015-12-16 07:46:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of public hearing.
DatesThe hearing will be held on July 22-23, 2015, beginning at 9:30 a.m., in the Hearing Room at the Board's headquarters located at 395 E Street SW., Washington, DC. The hearing will be open for public observation. Any party wishing to speak at the hearing shall file with the Board by July 8, 2015, a notice of intent to participate (identifying the party, the proposed speaker, and the time requested,
ContactFor Docket No. EP 722: Scott Zimmerman at (202) 245-0386. For Docket No. EP 664 (Sub-No. 2): Amy Ziehm at (202) 245-0391. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339.
FR Citation80 FR 27281 

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