CSX Transportation (CSXT) on Feb. 2 filed at the federal Surface Transportation Board a paragraph-by-paragraph denial of a recent Consumers Energy complaint that the railroad is trying to charge too much for coal deliveries to the Campbell power plant in Michigan.
Said CSXT in one example passage: “In response to the unnumbered paragraph on pages 1-2 of the Complaint, CSXT denies that Consumers has paid or will pay common carrier rates in excess of a reasonable maximum rate for CSXT’s transportation of the movement set forth in that initial unnumbered paragraph of the Complaint (the ‘issue movement’), denies that the Board has jurisdiction over the CSXT rail transportation rate for the issue movement, and denies that Consumers is entitled to any of the relief it seeks in this proceeding.”
At another point the railroad said: “With respect to the allegations of the first sentence of Paragraph 7, CSXT admits that it has transported coal to the Campbell station, but CSXT lacks sufficient information to admit or deny whether CSXT has delivered all coal consumed at the Campbell station.”
Also, the railroad wrote: “With respect to the allegations in Paragraph 8 of the Complaint, CSXT admits that Consumers and CSXT have engaged in negotiations for a new contract and thus far have been unable to reach an agreement. CSXT denies Consumers’ characterization of those negotiations.”
Consumers Energy filed Jan. 13 at the board a complaint against CSXT over what are just and reasonable rates, rules and other terms for unit train coal transportation service in shipper-supplied railcars to the J.H. Campbell Generating Station. This service is from CSXT’s established railroad interchange with BNSF Railway in the vicinity of Chicago, Illinois.
Over 75% of Consumers’ base load system capacity is comprised of coal-fired assets, of which Campbell, at 1,455 MW, is the largest. Annually, Campbell consumes as much as 5,500,000 tons of low-sulfur coal from origins in the Powder River Basin of Wyoming, and has the capacity to burn well in excess of 6,000,000 tons each year. Campbell also uses about 500,000 tons of higher-Btu coal each year from origins east of the Mississippi River.
Since 1992 and through the present, PRB coal bound for Campbell has been transported from mine origins to CSXT-served interchange tracks near Chicago by BNSF, pursuant to a series of separate, private contracts between Consumers and the originating railroad. CSXT delivers the shipments from the interchange to Campbell by separate arrangement. Eastern coal moves to Campbell in direct, single-line CSXT service from CSXT-served mine origins.
Said the Jan. 13 complaint: “In anticipation of the need for unit train coal service after 2014, and consistent with its internal planning and budgeting requirements, well over a year ago Consumers initiated discussions with CSXT regarding terms and conditions for a new contract for coal deliveries to Campbell. Despite conscientious effort and multiple, alternative proposals advanced by Consumers, however, the parties were not able to reach agreement on reasonable terms either for an extension of CSXT-C-84720 or for a new contract.
“With no alternatives available, and faced with an urgent need for new rates, terms and conditions for the transportation of its essential generation fuel commencing January 1, 2015, Consumers made a written request to CSXT on November 24, 2014 for the establishment or disclosure of the rates and service terms that CSXT would apply to the transportation of coal to Campbell in common carriage using Consumers-supplied railcars, on and after January 1, 2015. Following Consumers’ response to a request by CSXT for additional information regarding post-2014 coal shipments to Campbell, on December 26, 2014 CSXT provided Consumers with Tariff CSXT-13952. Inter alia, this tariff contained rates and rules for coal transportation service from various CSXT-served eastern coal origin Districts, and from the Chicago area interchange with BNSF to Campbell, and incorporates other CSXT tariffs and publications containing additional rules, accessorial charges and other provisions applicable to CSXT coal service.
“On or about January 7, 2015, CSXT established and provided Consumers with Amendment l to Tariff CSXT-13952, which made changes to the base Tariff that are not relevant to this Complaint. As shown in Exhibit A hereto, as of January 1, 2015, CSXT’s established common carrier rate for PRB coal delivery service to Campbell in shipper-supplied railcars is $14.95 per ton.
“According to Tariff CSXT-13952 (including Amendment 1), PRB coal shipments moving to Campbell in common carriage also are subject to a ‘fuel surcharge,’ which under CSXT Publication 8662 is calculated based on the relationship between the monthly average price of on-highway diesel fuel published by the U.S. Energy Information Administration and $3.749 per gallon, and the distance that a shipment moves. On information and belief, as of January 1, 2015 no CSXT fuel surcharge would be applicable to Consumers’ PRB coal shipments from the Chicago area interchange to Campbell moving under Exhibit A, because the average price of on-highway diesel fuel for the reference month (November 2014) was lower than $3.749 per gallon. However, pursuant to Tariff CSXT-13952 and Publication 8662, the fuel surcharge applicable to Consumers’ Campbell coal traffic will be recalculated monthly, starting in February 2015.”