Decision 33654
Served (printed as 12/13/2004) · Decision · Entire Board
(1) VACATED THE RATE PRESCRIPTION IMPOSED IN THE BOARD'S DECISION REPORTED AT 3 S.T.B. 70 (1998), (2) DIRECTED THAT, PURSUANT TO THE KEEP-ACCOUNT REQUIREMENT IN THE BOARD'S MAY 12, 2003 DECISION (2003 REOPENING), ARIZONA PUBLIC SERVICE COMPANY AND PACIFICORP SHALL COMPENSATE THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FOR THE DIFFERENCE BETWEEN THE $6.91 RATE BNSF SOUGHT TO CHARGE AND THE $4.21 RATE HELD IN PLACE PURSUANT TO THE 2003 REOPENING, TOGETHER WITH INTEREST TO BE CALCULATED IN ACCORDANCE WITH 49 CFR 1141, FROM THE EFFECTIVE DATE OF THE 2003 REOPENING DECISION TO THE EFFECTIVE DATE OF THIS DECISION, AND (3) DISMISSED THIS PROCEEDING.
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