STB issues rulemaking to speed rate cases

The Surface Transportation Board last week issued an Advanced Notice of Proposed Rulemaking outlining measures to expedite its handling of rate cases as part of the board’s implementation of the STB Reauthorization Act of 2015.    The U.S. Surface Transportation Board (STB) last week issued an Advanced Notice of Proposed Rulemaking (ANPR) aimed at expediting the board’s handling of rate cases.
   The ANPR, part of the board’s implementation of the STB Reauthorization Act of 2015, outlines several measures meant to increase the speed at which the STB is able to hear and litigate rate disputes between operators and shippers.
   The STB Reauthorization Act instructed the board to “initiate a proceeding to assess procedures that are available to parties in litigation before courts to expedite such litigation and the potential application of any such procedures to rate cases,” and begin this rulemaking within 180 days of the bill’s enactment.
   The STB said its staff held informal meetings with practitioners, consultants, and stakeholders with experience in rate reasonableness cases to discuss ways to move those cases more quickly, including ideas for streamlining court litigation.
   “We appreciate Congress’ focus on expediting our SAC rate cases,” STB Chairman Daniel R. Elliott III said of the ANPR. “Section 11 of the Reauthorization Act prompts us to work creatively with our stakeholders to explore ways to fast-track these important, but highly-complex matters. Our informal meetings were a very productive first step, and we look forward to receiving further stakeholder input,” he noted.
   The STB is seeking comments from stakeholders through the ANPR until Aug. 1, and replies are due Aug. 29.