Decision 41181
Served (printed as 11/22/2011) · Decision · Entire Board
DECISION FOUND THAT ARIZONA ELECTRIC POWER COOPERATIVE, INC. (AEPCO) DOES NOT HAVE A FEASIBLE SHIPPING ALTERNATIVE FOR THE TRANSPORTATION AT ISSUE. IN ADDITION, THIS DECISION FOUND THAT THE CHALLENGED RATES BNSF RAILWAY COMPANY (BNSF) AND UNION PACIFIC RAILROAD COMPANY (UP) CHARGES AEPCO ARE UNREASONABLY HIGH. AS A RESULT, THIS DECISION PRESCRIBED MAXIMUM REASONABLE RATES FOR FUTURE AT-ISSUE SHIPMENTS AND ORDERS BNSF AND UP TO PAY REPARATIONS FOR PAST, EXCESSIVE CHARGES.
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