SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
EP_754_0

Case Title:  
OVERSIGHT HEARING ON DEMURRAGE AND ACCESSORIAL CHARGES

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION PROVIDED NOTICE THAT DUE TO THE NUMBER OF NOTICES OF INTENT TO PARTICIPATE RECEIVED, THE HEARING WILL BE HELD OVER A TWO-DAY PERIOD, ON MAY 22-23, 2019.

    Decision Attachments

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    Full Text of Decision

46999 SERVICE DATE – LATE RELEASE MAY 3, 2019

DO

 

SURFACE TRANSPORTATION BOARD

 

Docket No. EP 754

 

OVERSIGHT HEARING ON DEMURRAGE AND ACCESSORIAL CHARGES

 

Decided: MAY 3, 2019

 

By decision served on April 8, 2019, the Board scheduled a public hearing for May 22, 2019, on railroad demurrage and accessorial charges.[1] Due to the number of notices of intent to participate received, the hearing will now be held over a two-day period, on May 22-23, 2019. The hearing will be held in the Main Hearing Room (Room 101) of the U.S. International Trade Commission, located at 500 E Street, S.W., Washington, DC, near the Board’s headquarters building, and will begin each day at 9:30 a.m.

 

The schedule of appearances and the time provided for each party are set forth in the Appendix to this decision.[2] The Board will have read the written submissions in advance of the hearing. Participants should not read their written submissions at the hearing, but instead should briefly summarize their key points.

 

If a party wishes to use visual materials in its presentation, a projector and drop-down screen will be available for use. Parties wishing to make visual presentations should email their materials by May 20, 2019, to MILSS@stb.gov. The presentations will be loaded onto a Board laptop for use at the hearing. Parties using visual materials must submit for filing 10 paper copies at the hearing.

 

Instructions for Attendance at Hearing

 

All persons attending the hearing must use the main entrance to the U.S. International Trade Commission, located at 500 E Street, S.W. There will be no reserved seating, except for persons scheduled to present comments. The building will be open to the public at 8:45 a.m. There is no public parking in the building. The two closest Metro stops are Federal Center S.W. (3rd and D Streets, S.W., serving the Blue, Orange, and Silver Lines) and L’Enfant Plaza (6th and D Streets, S.W., serving the Yellow, Green, Blue, Orange, and Silver Lines).

 

Upon arrival, check in at the 1st floor security desk in the main lobby. Be prepared to produce valid photographic identification (driver’s license or local, state, or Federal government identification); sign in at the security desk; receive a hearing room pass (to be displayed at all times); submit to an inspection of all briefcases, handbags, etc.; and pass through a metal detector. Persons choosing to exit the building during the course of the hearing must surrender their hearing room passes to security personnel and will be subject to the above security procedures if they choose to re-enter the building. Hearing room passes will be collected from those exiting the hearing upon its conclusion. Speakers must check in with the clerk at the front of the hearing room.

 

Laptops and recorders may be used in the hearing room, and Wi-Fi will be available.[3] Cellular telephone use is not permitted in the hearing room; cell phones may be used quietly in the corridor outside the hearing room or in the building’s main lobby.

 

Members of the media should contact Janie Sheng in the Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0221 if they plan to attend the hearing.

 

The hearing room complies with the Americans with Disabilities Act, and persons needing such accommodations should call (202) 245-0245 by the close of business on May 20, 2019.

 

As stated in the April 8, 2019 notice, streaming and recording systems will not be available to the Board for this hearing.

 

For further information regarding the hearing, contact Sarah Fancher at (202) 245‑0355. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877-8339.

 

It is ordered:

 

1. The hearing will be held on May 22 and 23, 2019, at 9:30 a.m., in the Main Hearing Room (Room 101) of the U.S. International Trade Commission, located at 500 E Street, S.W., Washington, DC, near the Board’s headquarters.

 

2. Visual presentations should be emailed to MILSS@stb.gov by May 20, 2019.

 

3. Time for presenting at the hearing is allotted as reflected in the Appendix to this decision.

 

4. This decision is effective on its service date.

 

By the Board, Allison C. Davis, Acting Director, Office of Proceedings.


 

SCHEDULE OF APPEARANCES

 

WEDNESDAY, MAY 22, 2019 (COMMENCING AT 9:30 A.M.)

 

Party Time Allotted

 

Panel I

 

Bunge North America 15 minutes

         Terry McDermott, Director – Supply Chain

 

Consolidated Scrap Resources, Inc. 10 minutes

         Ben Abrams, President and CEO

 

Kinder Morgan Terminals 15 minutes

         Joshua Etzel, Vice President Operations – Northern Area

 

Olin Corporation 15 minutes

         Frank Chirumbole, Vice President of

Global Integrated Supply Chain

 

Panel II

 

CSX Transportation, Inc. 10 minutes

         Arthur Adams, Vice President – Sales and Customer

Engagement

         John Patelli, Head of Regulatory and Federal Affairs,

Associate General Counsel

 

Norfolk Southern Railway Company 15 minutes

         Alan Shaw, Executive Vice President and Chief Marketing

Officer

         Ed Elkins, Vice President Industrial Products

Union Pacific Railroad Company 20 minutes

         Kenny Rocker, Executive Vice President, Marketing and Sales

Panel III

 

Brainerd Chemical Company, Inc. 5 minutes

         Mathew A. Brainerd, Chairman

 

Cargill, Inc. 10 minutes

         Brad Hildebrand, Vice President – Global Rail and Barge Lead

 

International Paper 10 minutes

         Jeanne Sebring, Director of Logistics, NA (Retired)

 

 

Packaging Corporation of America 10 minutes

         Ross Corthell, Director of Transportation

 

Private Railcar Food and Beverage Association 5 minutes

         Herman J. Haksteen, President

Panel IV

 

Federal Maritime Commission 5 minutes

         Commissioner Rebecca Dye

 

Panel V

 

Anderson-DuBose Company 5 minutes

         Michael Boddy, Chief Operating Officer

 

Lhoist North America 5 minutes

         Ray Neff, Logistics Manager for Lhoist North

America – Minerals Division

 

MHW Group 5 minutes

         Marvin H. Weiner, Chairman and President

 

Palmer Logistics 5 minutes

         Brett M. Mears, President

 

The Shippers Warehouse Co, Inc. (d/b/a The Shippers Group) 5 minutes

         Ken B. Johnson

 

Panel VI

 

Agricultural Retailers Association 5 minutes

         Richard D. Gupton, Senior Vice President, Public Policy

and Counsel

 

Ag Processing, Inc. 15 minutes

         Gregory Twist, Senior Vice President – Transportation

 

Corn Refiners Association 15 minutes

         John Bode, President and CEO

         Jeffrey Moreno and Jason Tutrone, Counsel (Thompson

Hine LLP)

 

National Grain and Feed Association 20 minutes

         Randall C. Gordon, President and CEO

         Tom Wilcox, Transportation Counsel and Principal

(GKG Law PC)

 

 

Panel VII

 

Canadian National Railway Company 10 minutes

         Derek Taylor, Vice President, Southern Region

         Keith Courtoreille, Senior Manager, Service Delivery

         Kathy Gainey, Counsel, United States Regulatory Affairs

 

Kansas City Southern Railway Company 10 minutes

         Mike Naatz, Executive Vice President and

Chief Marketing Officer

 

Panel VIII

 

American Chemistry Council 15 minutes

         Jeffrey Sloan, Senior Director, Regulatory and

Technical Affairs

 

Auriga Polymers Inc. 10 minutes

         Barbara Hagler, Logistics Manager

 

Brunk Plastic Services 15 minutes

         Larry Berkowski, President and Chief Executive Officer

 

Diversified CPC International, Inc. 10 minutes

         Sandra J. Dearden, Executive Consultant for

Highroad Consulting, Ltd.

         Chad Rainey, Plant Manager – Petal, MS

 

National Industrial Transportation League 10 minutes

         Bruce Ridley, Chairman of the Board and Vice President,

Environmental Health and Safety and Operational Services

for Packaging Corporation of America

         Karyn Booth, Counsel (Thompson Hine LLP)

 

 


 

THURSDAY, MAY 23, 2018 (COMMENCING AT 9:30 A.M.)

 

 

Party Time Allotted

 

Panel IX

 

Barilla America, Inc. 20 minutes

         Sandra Dearden, Executive Consultant for Highroad

Consulting, Ltd.

         Larry Covington, Plant Director – Ames

 

U.S. Clay Producers Traffic Association, Inc. 5 minutes

         Adolfo A. Blassino, President

 

MillerCoors 10 minutes

         David Burchett, Senior Category Director –

Transportation and Logistics

 

Normerica 5 minutes

         Adam Manna, General Counsel

 

Sims Metal Management 10 minutes

         Steve Shinn, Vice President

 

Panel X

 

International Warehouse Logistics Association 5 minutes

         Steve DeHaan, President and Chief Executive Officer

 

International Liquid Terminals Association 10 minutes

         Kathryn Clay, Ph.D., President

 

International Association of Refrigerated Warehouses 5 minutes

         Lowell Randel, Vice President, Government and Legal Affairs

 

Panel XI

 

BNSF Railway Company 10 minutes

         Jill K. Mulligan, Vice President and General Counsel

 

Canadian Pacific Railway Company 10 minutes

         Pam Arpin, Assistant Vice President – Customer

and Corporate Services

Panel XII

 

Western Coal Traffic League 10 minutes

         Bette Whalen, President

 

National Coal Transportation Association 5 minutes

         John Ward, Executive Director

 

PBF Energy 10 minutes

         Kent Avery, Vice President – Commercial

Freight Rail Customer Alliance, Arizona Electric Power Cooperative 5 minutes

         Emily Regis, Fuel Resource Administrator, Arizona Electric

Power Cooperative and Vice President, Freight Rail Customer

Alliance



[1] Notices of intent to participate were due on April 24, 2019. Written testimony and written comments (for those not appearing at the hearing) on specified topics are due on May 8, 2019.

[2] Parties that did not make a specific request for time have been allotted 5 minutes.

[3] The password will be available in the hearing room.