STB PROPOSES FASTER RESOLUTION TO LARGE RAIL RATE COMPLAINTS

STB PROPOSES FASTER RESOLUTION TO LARGE RAIL RATE COMPLAINTS    The U.S. Surface Transportation Board wants to speed up its process to resolve large rail rate complaints.
   The agency has proposed regulations that would require parties to seek information from each other and mandate the use OF mediation before filing rate complaints.
   In recent years, the STB has focused on “streamlining and simplifying” its rate-compliant process. However, the agency acknowledged “delays in resolving large rate cases continue to be a concern.”
   Since many of the delays in moving these cases forward revolve around so-called discovery disputes, the STB has proposed two changes:
   * The requirement of standards to obtain discovery more restrictive in large rate cases so that parties would know in advance that they should not attempt to obtain certain types of information.
   * The use of informal conferences among agency staff and the parties to “narrow issues in dispute and to provide for prompt rulings on remaining discovery impasses.”
   The agency said “a more efficient means of moving a rate dispute toward quick resolution at an early stage is to bring parties together outside of the ad judicatory context.”
   The STB proposed that shippers who seek relief from railroads in large rate cases must use non-binding mediation before filing formal complaints with the agency. Under this proposal, mediators would be assigned by the agency to work with parties to try to reach settlements within a specified time frame. The STB would not impose any filing fees for mediation requests, and mediator services would be paid by the agency.
   “If parties still were to fail to reach any resolution, the shipper could proceed to file a formal complaint with the board,” the STB said.