|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|OVERSIGHT HEARING ON DEMURRAGE AND ACCESSORIAL CHARGES|
|Director Of Proceedings|
|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.|
| 100 KB|
|Approximate download time at 28.8 kb: 67 Seconds|
If you do not have Acrobat Reader, or if you have problems reading our files with your current version of Acrobat Reader, the latest version of Acrobat Reader is available free at www.adobe.com.
|Full Text of Decision|
46999 SERVICE DATE – LATE RELEASE MAY 3, 2019
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. 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. 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. 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
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
CSX Transportation, Inc. 10 minutes
· Arthur Adams, Vice President – Sales and Customer
· 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
· Ed Elkins, Vice President Industrial Products
Union Pacific Railroad Company 20 minutes
· Kenny Rocker, Executive Vice President, Marketing and Sales
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
Federal Maritime Commission 5 minutes
· Commissioner Rebecca Dye
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
Agricultural Retailers Association 5 minutes
· Richard D. Gupton, Senior Vice President, Public Policy
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
National Grain and Feed Association 20 minutes
· Randall C. Gordon, President and CEO
· Tom Wilcox, Transportation Counsel and Principal
(GKG Law PC)
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
American Chemistry Council 15 minutes
· Jeffrey Sloan, Senior Director, Regulatory and
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
Barilla America, Inc. 20 minutes
· Sandra Dearden, Executive Consultant for Highroad
· 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
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
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
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
 Parties that did not make a specific request for time have been allotted 5 minutes.