Decision 37151
Served (printed as 8/3/2006) · Decision · Entire Board
(1) STIPULATED THAT A CARRIER WISHING TO ASSESS WHAT PURPORTS TO BE A FUEL CHARGE WOULD NEED TO DEVELOP A MEANS OF COMPUTING THE SURCHARGE THAT IS MORE CLOSELY LINKED TO THE INCREASES OF ITS FUEL COST THAT IS ATTRIBUTABLE TO THE MOVEMENT TO WHICH THE FUEL SURCHARGE IS APPLIED; (2) PROHIBITED CARRIERS FROM 'DOUBLE DIPPING' BY CHARGING FOR THE SAME INCREASES IN FUEL COST FOR THE SAME SHIPMENT BOTH THROUGH A FUEL SURCHARGE AND THROUGH APPLICATION OF A RATE ESCALATOR THAT IS BASED ON AN INDEX AS THE BOARD'S RAILROAD COST ADJUSTMENT FACTOR WITHOUT FIRST SUBTRACTING OUT ANY FUEL COST COMPONENT FROM THAT INDEX; (3) REQUIRED RAILROADS TO USE A SINGLE, UNIFORM INDEX FOR MEASURING INCREASES IN THE FUEL COSTS; (4) ASKED EACH CLASS I RAILROAD TO SUBMIT A MONTHLY REPORT TO THE BOARD SHOWING ITS ACTUAL TOTAL FUEL COSTS; AND (5) SEEK PUBLIC COMMENT ON THESE PROPOSAL WITHIN 45 DAYS.
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