The parties will argue whether CSX has “market dominance” over the traffic involved, meaning an absence of effective competition. STB said both sides agree the rates CSX charges exceed 180 percent of the variable costs of providing rail service, one of two conditions the STB sets for establishing market dominance.
The oral argument will focus on the second condition, whether Seminole Electric has a viable alternative to rail delivery, in this case the delivery of coal by barge from the Port of Jacksonville, the STB said.
Last August Seminole said CSX has been severely overcharging it for moving coal from the Illinois Basin and Appalachia to the Palatka power plant, with rates 68 percent to 101 percent higher than the maximum levels under STB's guidelines. It said CSX rates on certain shipments from Charleston, S.C., are more than 240 percent higher than the lawful maximum.
Brokerage Compliance Symposium
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
F3 Awards Dinner
The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
F3: Future of Freight Festival
Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now