Decision 38734
Served (printed as 1/25/2008) · Decision · Entire Board
DECISION PROVIDED NOTICE OF A CHANGE IN THE BOARD'S FILING FEES FOR CERTAIN RATE COMPLAINTS. PURSUANT TO THE CONSOLIDATED APPROPRIATIONS ACT, 2008, PUB. L. NO. 110-161, § 194, 121 STAT. 1844 (2007), THE AFFECTED FILING FEES ARE: (1) FEE FOR A FORMAL COMPLAINT FILED UNDER THE COAL RATE GUIDELINES, WHICH HAS BEEN PREVIOUSLY SET AT $178,200; AND (2) A FORMAL COMPLAINT INVOLVING RAIL MAXIMUM RATES FILED UNDER THE SIMPLIFIED-STAND- ALONE COST METHODOLOGY, WHICH HAS BEEN PREVIOUSLY SET AT $10,600. BASED ON THE LANGUAGE IN SECTION 194, THE FILING FEES FOR THESE TWO TYPES OF RATE COMPLAINTS MUST BE CAPPED AT $350 BECAUSE THE COURT FILING FEE UNDER 28 U.S.C. 1914 IS CURRENTLY SET AT $350. THUS, THE $350 FILING FEE IS MANDATORY AND EFFECTIVE THE DATE OF SERVICE.
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