Decision 38254
Served (printed as 9/10/2007) · Decision · Entire Board
DECISION FOUND THAT BNSF RAILWAY COMPANY HAS MARKET DOMINANCE OVER THE TRANSPORTATION AT ISSUE, BUT WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE (WFA) HAVE FAILED TO ESTABLISH THAT THE CHALLENGED RATES ARE UNREASONABLY HIGH. WFA ARE OFFERED AN OPPORTUNITY TO SUBMIT SUPPLEMENTAL EVIDENCE UNDER THE STAND-ALONE COST CONSTRAINT.
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