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FD 35557 · REASONABLENESS OF BNSF RAILWAY COMPANY COAL DUST MITIGATION TARIFF PROVISIONS

Decision 42170

Served (printed as 12/13/2013) · Decision · Entire Board

DECISION: (1) FOUND THAT THE COAL SHIPPERS CHALLENGING THE 'SAFE HARBOR' PROVISION, A TARIFF CHANGE BY BNSF RAILWAY HAVE NOT SHOWN THAT THE COAL DUST SUPPRESSION METHODS SET FORTH IN THE TARIFF ARE UNREASONABLE; AND (2) FOUND THAT ONE PROVISION REGARDING SHIPPER LIABILITY FOR ADVERSE IMPACTS FROM ANY APPROVED SUPPRESSION METHODS IS UNENFORCEABLE BECAUSE THE LANGUAGE IS OVERLY BROAD AND AMBIGUOUS.

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