Thanks to Chris / CopCarSS for my avatar.
"No soup for you!" - Yev Kassem (from Seinfeld)
QUOTE: Originally posted by nanaimo73 Murphy, Up here in Canada CP is spending hundreds of millions to increase capacity on their western main. They refused to go ahead with it until they got assurances from the federal Government that there would be no open access. Rail companies are not going to spend money on their lines and have someone else use them.
"We have met the enemy and he is us." Pogo Possum "We have met the anemone... and he is Russ." Bucky Katt "Prediction is very difficult, especially if it's about the future." Niels Bohr, Nobel laureate in physics
QUOTE: Originally posted by Murphy Siding FM: If a situation occured that caused problems where it was not clear if the source of the problem was equipment or ROW,how would it be determined who pays for the repairs? Say, oh, I don't know , Maybe a train derails at a switch, and it's not clear if it was from a defect in the switch or in the wheel. If neither side wants to take responsibility,what happens next-short of a bunch lawsuits?
QUOTE: Originally posted by jeaton Let me get this straight. Is it the regulatory agency or the regulated monopoly infrastructure company that orders the shipper to spend the money on preventing the dusting? In this case, might it not be much simpler if the UP and BNSF told the mines that a rebate will be paid to cover the added cost of sealing the coal load? In the latter case the entity that benefits pays the entity that does the work. Optionally, the railroads do the work themselves. Kind of a common business practise.
QUOTE: Originally posted by futuremodal QUOTE: Originally posted by Murphy Siding FM: If a situation occured that caused problems where it was not clear if the source of the problem was equipment or ROW,how would it be determined who pays for the repairs? Say, oh, I don't know , Maybe a train derails at a switch, and it's not clear if it was from a defect in the switch or in the wheel. If neither side wants to take responsibility,what happens next-short of a bunch lawsuits? I think most industrial accidents can be pin pointed as to primary cause by investigators. I don't believe that situation would be any different from any other similar situation.
QUOTE: Originally posted by jeaton The above suggest another problem and I don't think this is implausable. Suppose an operating company is in a market where because of modal competion, margins are adequate, but very thin. Further, let's assume that there is no other business in that market or for good reasons, other operators have a lock on more profitable business. Now let us suppose that the infrastructure company has a valid need to raise their rates fully consistant with the regulations and approved by the regulators. The operating company finds that their low rates will no longer cover their costs and raising rates will loose the business. Oh, I guess that's just life in the competitive world. No problem. Right? Jay
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