CSX Transportation and a major chemical shipper that has led the charge against rail rate increases, E.I. DuPont de Nemours, settled one of their disputes through mediation by the Surface Transportation Board.
The STB said it dismissed a November 2008 rate complaint at DuPont’s request, in a case that covered 38 commodities hauled between 99 origin and destination pairs. STB Acting Chairman Francis P. Mulvey said "this is the first large rate case mediated to settlement under the board's auspices,
A separate case, in which the STB last June ordered CSX to pay up to $3 million to DuPont in reparations or rate relief over how it charged the shipper in three related filings, is still going through a final adjustment process over a flaw in a formula the agency used in its calculations.
With the adversaries agreeing to settle the November complaint, Mulvey said “this mediation demonstrates that active board staff involvement at the early stages of the case process can help narrow or, as here, completely resolve, disputed issues.”
He said the STB “will continue to promote mediation as an alternative to formal and more expensive dispute resolution processes."
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