FD 35557
Docket Yard · docketyard.org/d/FD-35557 · entries shown: all, newest first
REASONABLENESS OF BNSF RAILWAY COMPANY COAL DUST MITIGATION TARIFF PROVISIONS
Caption from the Board’s record.
70 filings, 22 decisions and 0 environmental comments observed here; last checked 10 Oct 2026, 21:36 UTC; last new entry 26 Aug 2026, 15:42 UTC.
Entries
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served (printed as 5/15/2015)Decision43900Entire BoardDECISION DENIES A PETITION TO RECONSIDER ITS DECISION THAT THE 'SAFE HARBOR' PROVISION OF A BNSF RAILWAY COMPANY TARIFF, WHICH REQUIRES COAL SHIPPERS TO TAKE CERTAIN ACTIONS INTENDED TO REDUCE THE AMOUNT OF COAL DUST LOST FROM RAILCARS DURING TRANSIT FROM MINES IN THE POWDER RIVER BASIN, IS NOT UNREASONABLE.
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(printed as 12/30/2014)Notice237358NoticeUnion Pacific Railroad Company
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(printed as 1/27/2014)Reply235355ReplyBnsf Railway Company
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(printed as 1/6/2014)MotionArkansas Electric Cooperative Corporation
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served (printed as 12/17/2013)Decision43537Entire BoardDECISION REFLECTED THE NOTICE ISSUED DECEMBER 17, 2013, WHICH REVISED A CITATION ON PAGE 30 OF THE DECISION.
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served (printed as 12/17/2013)DecisionPROVIDED NOTICE THAT A CITATION AT PAGE 30 WAS REPLACED IN A DECISION SERVED ON DECEMBER 13, 2013.
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served (printed as 12/13/2013)Decision42170Entire BoardDECISION: (1) FOUND THAT THE COAL SHIPPERS CHALLENGING THE 'SAFE HARBOR' PROVISION, A TARIFF CHANGE BY BNSF RAILWAY HAVE NOT SHOWN THAT THE COAL DUST SUPPRESSION METHODS SET FORTH IN THE TARIFF ARE UNREASONABLE; AND (2) FOUND THAT ONE PROVISION REGARDING SHIPPER LIABILITY FOR ADVERSE IMPACTS FROM ANY APPROVED SUPPRESSION METHODS IS UNENFORCEABLE BECAUSE THE LANGUAGE IS OVERLY BROAD AND AMBIGUOUS.
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(printed as 12/17/2012)Rebuttal233525RebuttalBnsf Railway Company
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(printed as 12/17/2012)Rebuttal233519RebuttalArkansas Electric Cooperative Corporation
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(printed as 12/17/2012)Rebuttal233517RebuttalWestern Coal Traffic League, American Public Power Association, Edison Electric Institute, And National Rural Electric Cooperative Association
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(printed as 12/17/2012)Rebuttal233516RebuttalUnion Pacific Railroad Company
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(printed as 12/17/2012)Rebuttal233513RebuttalU S Department Of Transportation
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(printed as 12/17/2012)Rebuttal233512RebuttalUnion Electric Company D/B/A Ameren Missouri
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(printed as 11/15/2012)Reply233361ReplyBnsf Railway Company
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(printed as 11/15/2012)Reply233359ReplyWestern Coal Traffic League, American Public Power Association, Edison Electric Institute, And National Rural Electric Cooperative Association
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(printed as 11/15/2012)Reply233355ReplyArkansas Electric Cooperative Corporation
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(printed as 11/15/2012)Reply233351ReplyUnion Pacific Railroad Company
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(printed as 11/15/2012)Reply233347ReplyUnion Electric Company D/B/A Ameren Missouri
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(printed as 10/18/2012)SupplementArkansas Electric Cooperative Corporation
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(printed as 10/1/2012)Statement233097Opening StatementArkansas Electric Cooperative Corporation
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(printed as 10/1/2012)Statement233093Opening StatementWestern Coal Traffic League, American Public Power Association, Edison Electric Institute, And National Rural Electric Cooperative Association
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(printed as 10/1/2012)Statement233088Opening StatementBnsf Railway Company
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(printed as 10/1/2012)Statement233084Opening StatementUnion Pacific Railroad Company
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(printed as 10/1/2012)Statement233082Opening StatementUnion Electric Company D/B/A Ameren Missouri
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(printed as 10/1/2012)Statement233076Opening StatementNational Coal Transportation Association
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(printed as 10/1/2012)Statement233074Opening StatementUnited States Department Of Transportation
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served (printed as 7/31/2012)DecisionDECISION: (1) GRANTED AN UNOPPOSED MOTION FILED BY BNSF RAILWAY COMPANY, WESTERN COAL TRAFFIC LEAGUE, AMERICAN PUBLIC POWER ASSOCIATION, EDISON ELECTRIC INSTITUTE, AND NATIONAL RURAL ELECTRIC COOPERATIVE ASSOCIATION TO MODIFY THE PROCEDURAL SCHEDULE IN THIS PROCEEDING; AND (2) REVISED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.
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(printed as 7/26/2012)Motion232616Motion/Petition/RequestWestern Coal Traffic League, American Public Power Association, Edison Electric Institute, And National Rural Electric Cooperative Association, Bnsf Railway Company
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served (printed as 7/25/2012)DecisionDECISION GRANTED MOTION TO AMEND PROTECTIVE ORDER REQUESTED BY THE WESTERN COAL TRAFFIC LEAGUE IN THIS PROCEEDING.
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(printed as 7/23/2012)Motion232590Motion/Petition/RequestWestern Coal Traffic League, National Rural Electric Cooperative Association, Edison Electric Institute, American Public Power Association
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served (printed as 7/17/2012)DecisionDECISION GRANTED A JOINT MOTION TO CANCEL THE TECHNICAL CONFERENCE THAT WAS SCHEDULED FOR JULY 18, 2012.
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(printed as 7/17/2012)Comments232569CommentHonorable Rick Larsen
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(printed as 7/17/2012)Motion232560Motion/Petition/RequestWestern Coal Traffic League, Bnsf Railway Company
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served (printed as 7/10/2012)DecisionDECISION GRANTED THE REQUEST TO RESCHEDULE THE PREVIOUSLY SCHEDULED TECHNICAL CONFERENCE TO JULY 18, 2012.
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(printed as 7/9/2012)Motion232538Motion/Petition/RequestWestern Coal Traffic League, Bnsf Railway Company
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served (printed as 6/25/2012)Decision42288Entire BoardDECISION: (1) AFFIRMS THE FEBRUARY 27, 2012 DECISION; AND (2) RESCHEDULED THE PREVIOUSLY POSTPONED TECHNICAL CONFERENCE TO JULY 11, 2012.
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served (printed as 4/30/2012)DecisionDECISION GRANTED BNSF RAILWAY COMPANY'S MOTION TO WITHDRAW (1) MOTION TO COMPEL DISCOVERY FROM AMEREN MISSOURI AND (2) PETITION FOR SUBPOENA TO AMEREN ENERGY FUELS & SERVICES.
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served (printed as 4/23/2012)DecisionDECISION GRANTED ARKANSAS ELECTRIC COOPERATIVE CORPORATION (AECC), WITH THE CONSENT OF UNION PACIFIC RAILROAD (UP) COMPANY, TO AMEND A PROTECTIVE ORDER.
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served (printed as 4/23/2012)DecisionDECISION GRANTED ARKANSAS ELECTRIC COOPERATIVE COOPERATION (AECC) TO AMEND A PROTECTIVE ORDER.
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(printed as 4/20/2012)Motion232225Motion/Petition/RequestBnsf Railway Company
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(printed as 4/19/2012)SupplementArkansas Electric Cooperative Corporation
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(printed as 4/18/2012)SupplementArkansas Electric Cooperative Corporation
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served (printed as 3/19/2012)DecisionDECISION DENIED WITHOUT PREJUDICE THE MOTION OF ARKANSAS ELECTRIC COOPERATIVE CORPORATION (AECC) TO COMPEL UNION PACIFIC RAILROAD COMPANY TO PRODUCE DOCUMENTS RESPONSIVE TO AECC'S DISCOVERY REQUESTS.
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served (printed as 3/9/2012)DecisionDECISION POSTPONED THE TECHNICAL CONFERENCE SCHEDULED FOR MARCH 13, 2012.
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(printed as 3/9/2012)Statement232006Support StatementNational Grain And Feed Association, North America Freight Car Association,
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(printed as 3/9/2012)Statement232005Support StatementNational Rural Electric Cooperative Association, Fertilizer Institute, Alliance For Rail Competition, National Industrial Transportation League, Consumers United For Rail Equity, Chlorine Institute, Edison Electric Institute, American Public Power Association, American Chemistry Council, Western Coal Traffic League
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(printed as 3/8/2012)Reply231998ReplyUnion Pacific Railroad Company
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(printed as 3/8/2012)Certificate231995Certificate Of ServiceBnsf Railway Company
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(printed as 3/8/2012)Reply231994ReplyBnsf Railway Company
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(printed as 3/7/2012)Certificate231987Certificate Of ServiceArkansas Electric Cooperative Corporation
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(printed as 3/7/2012)Certificate231985Certificate Of ServiceAmeren Energy Fuels And Services Company
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(printed as 3/6/2012)Reply231980ReplyAssociation Of American Railroads
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(printed as 3/6/2012)Reply231977ReplyBnsf Railway Company
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(printed as 3/6/2012)Reply231976ReplyArkansas Electric Cooperative Corporation
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(printed as 3/6/2012)Reply231974ReplyUnion Pacific Railroad Company
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(printed as 3/6/2012)Certificate231973Certificate Of ServiceNational Coal Transportation Association
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(printed as 3/6/2012)Certificate231969Certificate Of ServiceUnion Pacific Railroad Company
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(printed as 3/6/2012)Certificate231967Certificate Of ServiceEdison Electric Institute, American Public Power Association, National Rural Electric Cooperative Association, Western Coal Traffic League
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served (printed as 3/5/2012)DecisionDECISION DENIED WITHOUT PREJUDICE THE MOTION OF ARKANSAS ELECTRIC COOPERATIVE CORPORATION (AECC) TO COMPEL BNSF RAILWAY COMPANY TO PRODUCE DOCUMENTS RESPONSIVE TO AECC'S DISCOVERY REQUESTS.
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(printed as 3/5/2012)Certificate231957Certificate Of ServiceU S Department Of Transportation
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(printed as 3/2/2012)Motion231948Motion/Petition/RequestAmeren Energy Fuels & Services Company; Arizona Electric Power Cooperative, Inc.; Austin Energy; Cleco Corporation; Cps Energy; Entergy Services, Inc.; Kansas City Power & Light Company; Lower Colorado River Authority; Midamerican Energy Company; Minnesota Power; Nebraska Public Power District; Omaha Public Power District; Texas Municipal Power Agency; Western Farmers Electric Cooperative; Western Fuels Association, Inc., And Wisconsin Public Service Corporation
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(printed as 3/2/2012)Misc.231939MiscellaneousThompson Hine Llp, Etal
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(printed as 3/1/2012)Motion231927Motion/Petition/RequestAmeren Energy Fuels & Services Company; Arizona Electric Power Cooperative, Inc.; Austin Energy; Cleco Corporation; Cps Energy; Entergy Services, Inc.; Kansas City Power & Light Company; Lower Colorado River Authority; Midamerican Energy Company; Minnesota Power; Nebraska Public Power District; Omaha Public Power District; Texas Municipal Power Agency; Western Farmers Electric Cooperative; Western Fuels Association, Inc., And Wisconsin Public Service Corporation
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served (printed as 2/27/2012)DecisionDECISION PROVIDES NOTICE TO PARTIES OF A COMPLIED SERVICE LIST.
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served (printed as 2/27/2012)DecisionDECISION FOUND THAT INDIVIDUAL MEMBERS OF THE WESTERN COAL TRAFFIC LEAGUE ARE SUBJECT TO DISCOVERY IN THIS PROCEEDING AND THAT UNION ELECTRIC COMPANY D/B/A AMEREN MISSOURI IS SUBJECT TO DISCOVERY AS A PARTY-INTERVENOR. IN ADDITION, THIS DECISION ESTABLISHED THAT THE BOARD WILL HOLD A MARCH 13, 2012 TECHNICAL CONFERENCE, IF NECESSARY, TO RESOLVE ANY OUTSTANDING DISCOVERY ISSUES.
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(printed as 2/27/2012)Motion231902Motion/Petition/RequestArkansas Electric Cooperative Corporation
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(printed as 2/23/2012)Reply231893ReplyBnsf Railway Company
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(printed as 2/21/2012)NoticeNational Coal Transportation Association
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served (printed as 2/17/2012)DecisionDECISION GRANTED MOTION TO AMEND PROTECTIVE ORDER REQUESTED BY COAL SHIPPERS IN THIS PROCEEDING.
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served (printed as 2/16/2012)DecisionDECISION DETERMINED THAT A SEPARATE DECISION WILL ADDRESS DISCOVERY RELIEF SOUGHT BY BNSF RAILWAY COMPANY AFTER THE TIME FOR REPLIES HAVE PASSED AND MAKE A SINGLE DECISION ON THE ISSUES AT HAND.
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(printed as 2/16/2012)Reply231860ReplyUnion Electric Company D/B/A Ameren Missouri
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(printed as 2/16/2012)SupplementAmeren Energy Fuels And Services Company
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(printed as 2/16/2012)Reply231855ReplyAmeren Energy Fuels & Services Company; Arizona Electric Power Cooperative, Inc.; Austin Energy; Cleco Corporation; Cps Energy; Entergy Services, Inc.; Kansas City Power & Light Company; Lower Colorado River Authority; Midamerican Energy Company; Minnesota Power; Nebraska Public Power District; Omaha Public Power District; Texas Municipal Power Agency; Western Farmers Electric Cooperative; Western Fuels Association, Inc., And Wisconsin Public Service Corporation
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(printed as 2/14/2012)Motion231849Motion/Petition/RequestWestern Coal Traffic League, National Rural Electric Cooperative Association, Edison Electric Institute, American Public Power Association
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(printed as 2/13/2012)Motion231840Motion To CompelArkansas Electric Cooperative Corporation
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(printed as 2/7/2012)Errata231808Errata SheetWestern Coal Traffic League
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(printed as 2/6/2012)Motion231805Motion To CompelBnsf Railway Company
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(printed as 2/6/2012)Reply231802ReplyWestern Coal Traffic League
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(printed as 1/27/2012)Motion231769Motion/Petition/RequestBnsf Railway Company
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(printed as 1/27/2012)Motion231768Motion To CompelBnsf Railway Company
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served (printed as 1/13/2012)DecisionDECISION GRANTED THE REQUEST FOR A PROTECTIVE ORDER IN THIS PROCEEDING.
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(printed as 12/27/2011)NoticeBnsf Railway Company
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(printed as 12/27/2011)NoticeUnion Electric Company D/B/A Ameren Missouri
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(printed as 12/27/2011)NoticeU S Department Of Transportation
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(printed as 12/27/2011)NoticeNational Coal Transportation Association
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(printed as 12/23/2011)NoticeUnion Pacific Railroad Company
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(printed as 12/23/2011)NoticeArkansas Electric Cooperative Corporation
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(printed as 12/23/2011)NoticeNational Rural Electric Cooperative Association, Edison Electric Institute, Western Coal Traffic League, American Public Power Association
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(printed as 12/20/2011)MotionWestern Coal Traffic League, Bnsf Railway Company
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served (printed as 12/16/2011)DecisionDECISION GRANTED A MOTION FOR ADOPTION OF A PROCEDURAL SCHEDULE IN THIS PROCEEDING.
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(printed as 12/12/2011)Motion231471Motion/Petition/RequestWestern Coal Traffic League, Bnsf Railway Company
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served (printed as 11/22/2011)Decision41862Entire BoardDECISION DENIED A PETITION FILED BY WESTERN COAL TRAFFIC LEAGUE TO REOPEN THE PROCEEDING IN DOCKET NO. FD 35305 AND TO INSTITUTE MEDIATION REGARDING A NEW COAL DUST TARIFF ISSUED BY BNSF RAILWAY COMPANY. HOWEVER, THIS DECISON INSTITUTED A NEW PROCEEDING TO CONSIDER THE NEW TARIFF'S SAFE HARBOR PROVISON.
Nothing of that kind in this docket.