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Montana fights back against BNSF

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Posted by gabe on Monday, March 21, 2005 7:49 AM
QUOTE: Originally posted by Limitedclear

QUOTE: Originally posted by CSSHEGEWISCH



Nothing ruins a railroad like a BEANCOUNTER.

Have you ever heard the story of Jack and the Beanstalk? Well, there are a few accountants out there with nothing on Ol' Jack...

Just ask Mr. Ebbers...or check in at ENRON...lol...

We don't need no stinking beancounters....

LC


Accountants (beancounters) are not the problem and are probably more of a necessity. The problem in the cases cited above was massive fraud by the perpetrators aided in part by a lack of due diligence by more than a few people.

Try to see how long you can last in operating a business other than a sole proprietorship without any accountants unless you like paying the IRS more than necessary.


Accountants are similar to lawyers. The client needs beware of how much rope he gives either one...

LC


(In best Homer Simpson voice) Emmmmmm!!! Rope!!!!
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Posted by MichaelSol on Saturday, March 19, 2005 12:03 PM
QUOTE: Originally posted by cbt141

I noticed during all of this that the Illinois wheat prices were much lower than those quoted in Montana. Makes me wonder...could there be a conspiracy against Illinois farmers?" mp173
......
this is the problem with this thread...none of us know enough about the other fellow's businesss to be telling him what to do.

Well, I didn't notice anyone telling anyone else what type of wheat to grow. However, for anyone that cared to read, there was quite a bit of information regarding the importance of the type and quality of wheat and how that related to market price, that no one should have missed the point, even if it was not the point of the thread. In my case, and several others as well, discussions of market price of wheat must always show some care in identifying the type.

3/7 MS: rates on "0113710 grain".

3/7 arbfbe: "Some of the Montana wheat is a variety of hard red winter wheat that is sought after ..."

3/7, MS: "for the grain industry, understanding of market prices, rates, and market timing are keys to profitability, as is a minimal amount of knowledge about where it goes and where you might want to ship it."

3/12, MS: "For instance, taking the Fall of 2003 as an example, and it is fairly typical. Minnnesota farmers were receiving $4.06 per bushel for hard spring wheat. Montana farmers were receiving $3.68 per bushel."

3/13: MS: For instance, at Havre, $4.49 per bushel would be the price received for 15% dark northern spring wheat this week, per the following chart of selected prices. As you can see, quality is a key determining factor of price."

US 1 Dark Northern Spring Wheat
13 pct 14 pct 15 pct
Billings Area 3.42 4.22 4.87
Golden Triangle 3.35 4.15 4.75
Great Falls Area 3.58 4.21 4.77
Havre MT 3.14 3.89 4.49
Southeast MT 3.17 3.89 4.49
Southwest Mt 3.48 4.28 5.18
Minneapolis 4.22 5.00 5.78
Portland 4.38 5.20 5.83

3/13: MS:"That St Paul wheat is a pretty good price right now considering most of it will be used locally in St. Paul and Minneapolis."

3/13, MS: "Ed, if everyone had commodity markets figured out, we could all be Cargill. "

3/14, MS: "commodity markets are complex mechanisms and there are big contracts at fixed or negotiated contract prices moving under the surface of what are, in reality, spot market prices we read in the papers. Crops are often sold in the field at a negotiated price. If you watch the oil market; the spot market for that is above, below, and at the contract market price on a regular basis. People make and lose fortunes guessing the timing of commodity markets, the differential of the spot and contract market, and then of course add in "futures." Not a market for the timid or the uninformed."

3/14, MS: "There is a quality element as well; Japanese buyers like Montana wheat for certain processes. However, most of that is purchased in the field and never shows up on the published markets showing its "market" price."

3/15, MS: "Montana farmers would be receiving as much or more at the elevator than Midwestern farmers (partly because it is generally considered a superior wheat). "

3/12, MS: "One item clear from the postings on this thread is that nobody trades wheat. "

3/19, cbt141:" this is the problem with this thread...none of us know enough about the other fellow's businesss to be telling him what to do."

I have to admit, affer a couple of weeks of careful references to wheat type, and pointing out significant differences in market price even within a wheat type, depending on protein content, I could not figure out what Ed was talking about in complaining that Montana wheat was selling higher than Illinois wheat. Not a lot of soft red or white in Montana and not a lot of hard red in Illinois. Ed's apparently sarcastic remark about "a consipiracy against Illinois farmers" did not add any illumination to his query. I was left with the same reaction as his comments about how wheat barge traffic in Spokane, Washington affected grain rail rates: "what on earth is this man talking about NOW?"

Unlike Ed , I could not locate a market quote of comparable wheat types and so I let the comment pass. But I now see that, unlike Ed, I was looking for comparable wheat types.

I now understand that, repeated specific references to type and quality notwithstanding, Ed did not know what he grew on his own farm and that this type of wheat represents a different pricing mechanism, i.e. a different "market," than what was discussed primarily on this thread.

However, reiterating, I don't think anyone on this thread, which was about railroad shipping rates and captive rail markets, had much to do with recommending what people grow in Illinois, nor for that matter, Montana, but rather what it cost to ship their product based upon captive pricing practices.

Best regards, Michael Sol
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Posted by MP173 on Saturday, March 19, 2005 8:55 AM
It's a beautiful thing.

I dont understand why my wheat prices are lower and then here comes a logical explanation. Thanks CBT.

I would never question the farmer about what he is doing. I trust him to do the right thing, since I dont do that for a living.

ed
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Posted by Anonymous on Saturday, March 19, 2005 5:08 AM

"My farm has wheat grown as a part of the crop rotation plan....corn, wheat, then plant beans after the wheat is harvested in June and have a short growing season.

I noticed during all of this that the Illinois wheat prices were much lower than those quoted in Montana. Makes me wonder...could there be a conspiracy against Illinois farmers?" mp173

your southern illinois farm produces soft red winter wheat, a low protien wheat used in the production of cookies, crackers, cake, pretzels, while montana is a producer of hard red winter, hard red spring and some hard white wheat (bread wheats). the montana classes are higher in protien and in the pricing of the last several years have carried a premium to soft red (not always true). before calling your farm manager with instructions to switch be aware that soft red gets a higher yield than montana hard wheats due to illinois' higher rain falls....soft red is the proper choice for your farm. it fits the climate and the demand needs of local mills, and handling limitations of neighborhood elevators more closely than hard wheat would.

this is the problem with this thread...none of us know enough about the other fellow's businesss to be telling him what to do.
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Posted by MP173 on Friday, March 18, 2005 10:58 PM
My farm has wheat grown as a part of the crop rotation plan....corn, wheat, then plant beans after the wheat is harvested in June and have a short growing season.

I noticed during all of this that the Illinois wheat prices were much lower than those quoted in Montana. Makes me wonder...could there be a conspiracy against Illinois farmers?

ed
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Posted by greyhounds on Friday, March 18, 2005 9:48 PM
1) Illinois can grow more wheat by the side of the road than Montana can in the entire state. Wheat is an afterthought to farmers here.

2) The BNSF wheat rates from Montana are obviously way too low.
Why, because I keep insisting they are. Heck, that's the argument of Sol and FM the other way. They don't listen to reason and logic.

3) Neither Sol nor FM has produced one shred of evidence that the wheat rates are illegal, immoral or fatening. They just keep saying it.

4) Any Montana farmer with an ounce of common sense wishes his land was in Illinois.
"By many measures, the U.S. freight rail system is the safest, most efficient and cost effective in the world." - Federal Railroad Administration, October, 2009. I'm just your average, everyday, uncivilized howling "anti-government" critic of mass government expenditures for "High Speed Rail" in the US. And I'm gosh darn proud of that.
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Posted by Anonymous on Friday, March 18, 2005 9:39 PM
QUOTE: Originally posted by jeaton

ed

Per careful. The country scrap dealers might be angry about haveing to pay more per mile than those big shot operators with their fancy crushers and shreders.

Jay


Scrap dealers generally aren't tied to any particular area like agricultural producers. No scrap dealer has ever lost a multi-generation place of residence due to the financial cosntraints of being captive to a single Class I railraod.

You can locate a scrapping operation just about anywhere, and the capital costs to do so are pretty low. Secondly, shipping scrap by rail is mostly done with single carload rates, and if those rates get too high, it is alot easier to shift the transportation of scrap to truck than grain.

But of course we understand that you were attempting to make a joke.......
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Posted by jeaton on Friday, March 18, 2005 8:04 PM
ed

Be careful. The country scrap dealers might be angry about haveing to pay more per mile than those big shot operators with their fancy crushers and shreders.

Jay

"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

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Posted by MP173 on Friday, March 18, 2005 5:26 PM
Can we start a discussion on scrap metal rates?

My favorite train, NS 177 usually has 40 to 50 gons of scrap and I have always wondered where they go, what the value is (probably more than wheat per pound) and what kind of freight rate they garner.

ed
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Posted by ajmiller on Friday, March 18, 2005 8:13 AM
This thread now has more replies than the Milwaukee Road thread from last fall.
Wow! Who knew that there was so much to say about rates for wheat shipments!
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Posted by MP173 on Friday, March 18, 2005 7:16 AM
Michael:

Dont have time to analyze this too much as I must go sell and MAXIMIZE PROFITS today to pay for vacation next week....but

1. I am using 326 miles to Seattle, per Official Guide.
2. Neither you nor me will get the terminal costs. Those are well placed in the BNSF pricing model and probably arent available to us.

I am pretty much spent on this. Cant do it anymore. It is consuming my life. I wake up at night thinking about wheat. My girlfriend came over last night and inquired what I was doing on the internet...I had to admit the darkest of secrets..."I am discussing wheat commodity prices and freight rates from Montana to PNW."

She said "honey lets go to Dairy Queen, you need to get out."

I couldnt help wondering as I had my Oreo Mint Blizzard, I wonder what the freight rates are on the Hi Fructose Corn Syrup.

Michael, not to make light of this, because it is very serious for those in Montana, but this is up to the lawyers to decide. I am not one, and I assume you are, so good luck on your battle.

ed
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Posted by Anonymous on Friday, March 18, 2005 6:08 AM
when looking at various interior cash market prices for wheat it needs to be remembered that the prices are in "ranges" between bids and offers. this complicates the interpretation of the data since heavy volume may occur at one end of the range or the other, or the bids and offers can be just plain "nominal"(read: useless). this trashes any hope of using the data without knowing the weighting of price by volume. then again, a lot of ca***rades are just not reported. it is not as much of a problem with export bids and offers.
also much of the strength in minnesota cash wheat prices versus other locations has to do with the fact that minnesota has a very large mill demand. the mills pay up for reliable access to the supply of grist. wheat prices near mills are always premium.
almost all of the discussion on this thread regarding wheat pricing and movement contains comments and conclusions which, though appearing quite sensible and logical, would not be either made or relied on by anyone in the grain trade.
the data you folks are relying on is just to simplistic to be acted upon by any professional trader. i would suggest not basing any "policy decisions" on it......
manipulating this kind of soft data is probably what allows advesaries in the regulatory and legal hassels you mention to stretch cases out for decades. it is useless for practical application and invites misinterpretation and debate.
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Posted by MichaelSol on Thursday, March 17, 2005 10:54 PM
QUOTE: Originally posted by MP173

Ok, so the new rates put us at this mileage:

Havre $3.18 per mile
Spokana $4.16 per mile
St. Paul $2.31 per mile

Havre is still right in the middle, as the medium haul, as you would expect.


This does seem to be getting quite complex.

Spokane/Portland: 3500 bu. $1357 per carload at a 100 carload rate or next available rate. 384 miles. Rate per mile including terminal costs:$3.53.
Havre/Portland: 3500 bu. $3181 per carload at a 100 carload rate. 890 miles. Rate per mile including terminal costs$ 3.57
St Pau/Portland. 3500 bu. $4148 per carload at a 100 carload rate. 1793 miles Rate per mile including terminal costs $2.31

Both the long haul and the short haul cost less than the Montana rate for Havre, and Havre represents one of the lower Montana rates, and Spokane represents one of the higher short haul rates.

Havre is not in the "middle" where you would expect.

And this includes no adjustment for the terminal costs which represent a much higher proportion of the short haul rates which is why the ICC refused to consider the short haul tariffs, as published, in McCarty Farms.

And, if you disagree with the $300 terminal charges (I do too) please substitute your version of what you think reasonable (I would be more inclined to use $150/carload) and report the results in terms of mileage rate.

Best regards, Michael Sol
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Posted by MP173 on Thursday, March 17, 2005 9:24 PM
Ok, so the new rates put us at this mileage:

Havre $3.18 per mile
Spokana $4.16 per mile
St. Paul $2.31 per mile

Havre is still right in the middle, as the medium haul, as you would expect.

Checking the Illinois wheat prices today, I noticed Montana prices are much higher. I wonder why?

ed
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Posted by MP173 on Thursday, March 17, 2005 8:27 PM
Michael:

This is getting rather complex, seeing who can get the lower rate. I am sure we can continue this....so for practical purposes, we have the rates of $1357 for Spokane and $2830 for Havre.

No doubt even lower rates exist.


I certainly wouldnt use your previously stated terminal costs of $300 per car as a standard. That may or may not be appropriate.

On a 10 mile haul, the deadhead time (miles to and from the terminal) would be minimal.

To get into the BNSF pricing software model would be interesting, but probably wont happen (at least not for me).

ed
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Posted by Anonymous on Thursday, March 17, 2005 4:57 PM
QUOTE: Originally posted by CSSHEGEWISCH



Nothing ruins a railroad like a BEANCOUNTER.

Have you ever heard the story of Jack and the Beanstalk? Well, there are a few accountants out there with nothing on Ol' Jack...

Just ask Mr. Ebbers...or check in at ENRON...lol...

We don't need no stinking beancounters....

LC


Accountants (beancounters) are not the problem and are probably more of a necessity. The problem in the cases cited above was massive fraud by the perpetrators aided in part by a lack of due diligence by more than a few people.

Try to see how long you can last in operating a business other than a sole proprietorship without any accountants unless you like paying the IRS more than necessary.


Accountants are similar to lawyers. The client needs beware of how much rope he gives either one...

LC
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Posted by MichaelSol on Thursday, March 17, 2005 4:49 PM
QUOTE: MP173: What is the carload rate you are referring to, along with the tariff authority?

BTW, just found a Havre to PNW rate of $2830 per carload...$300 lower than your rate quoted. This reduces the per mile cost to $3.19.

Authority: BNSF 4022 Item: 43591, Series K, covered hopper cars LO 26-109 cars, $1357, compared to your $1477.00, a companion rate. This occurs at many stations. Simply as a matter of consistency, the lowest rate was consistently utilized among comparable carloadings and rates.

For Havre, several rates are published. They vary from $1800 for a single boxcar to 3461 and 3592 for 52-109 carloads, and $3624 for a shipment of 1-25 carloads. Again, using an arbitrary standard of 100 carloads, the lowest quoted rate, $3461, was selected for comparison purposes. I am sure there is a $2830 carload rate in there somewhere that reduces something to something, but for the purposes of a comparative study, looking for similar treatment of the commodity for rate purposes, cherry picking the data isn't very useful.

Havre, incidentally, was chosen not because it represented an extreme example of high rates in Montana, nor was Spokane chosen because it represented an extreme case of a low rate for a shorter haul. Indeed, Havre is on the low end of the scale of Montana rates, understating the case. You might note that from the following examples.

Removing terminal costs to achieve true mileage rate comparisons:

Origination/Destination Rate $/Mile

Butte/PDX 3.99
Malta/PDX 3.50
Cut Bank/Seattle 3.21
Havre/Seattle 3.09
Shelby/PDX 3.01
Cut Bank/PDX 2.98
Big Sandy/PDX 2.81
Harlem/PDX 2.79
Havre/PDX 2.79
Bozeman/PDX 2.73
Great Falls/PDX 2.68
Lewistown/PDX 2.46

Spokane/Seattle 2.30
Moses Lake/Portland 2.26
Quincy/Portland 2.05
StPaul/PDX 1.98

Moses Lake/Seattle 1.77
Spokane/PDX 1.97
Thief River Falls,MN/St Paul 1.86
St Paul/Los Angeles 1.77
Kansas City/Galveston 1.73

Odessa/Portland 1.67
Ritzville/Portland 1.63
Sprague/Portland 1.63
St. Paul/Duluth 1.54
St Paul/New Orleans 1.22
Seattle/Galveston 1.13

PDX is Portland. It's quicker to type.

As you can see, Montana shippers pay significantly more, per mile, than either longer or shorter haul shippers, utilizing, however, criteria for similar treatments of terminal expenses, shipment size, tariff, and commodity..

Best regards, Michael Sol
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Posted by CSSHEGEWISCH on Thursday, March 17, 2005 4:22 PM


Nothing ruins a railroad like a BEANCOUNTER.

Have you ever heard the story of Jack and the Beanstalk? Well, there are a few accountants out there with nothing on Ol' Jack...

Just ask Mr. Ebbers...or check in at ENRON...lol...

We don't need no stinking beancounters....

LC


Accountants (beancounters) are not the problem and are probably more of a necessity. The problem in the cases cited above was massive fraud by the perpetrators aided in part by a lack of due diligence by more than a few people.

Try to see how long you can last in operating a business other than a sole proprietorship without any accountants unless you like paying the IRS more than necessary.
The daily commute is part of everyday life but I get two rides a day out of it. Paul
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Posted by MP173 on Thursday, March 17, 2005 3:46 PM
Michael:

What is the carload rate you are referring to, along with the tariff authority?

I will be glad to revisit my analysis based on other information.

BTW, just found a Havre to PNW rate of $2830 per carload...$300 lower than your rate quoted. This reduces the per mile cost to $3.19.

Regarding my definition of "rate"...it is a published cost for service in a tariff. The rates listed in BNSF's tariffs ( and others I have examined) are not based on mileage, but either on specific points or what we used to call back in the day "rate bases" in which locations are grouped into central points in order to reduce tariff size.

The "rate" in effect is a carload rate from a specific point to a specific point. The rate is not a "per mile" rate. Mileage is no doubt a very important component of the rate, along with the mentioned "terminal costs", equipment costs, and probably dozens of other factors. Those factors determine the costs involved. The rate will be what is charged and will take into determination other factors such as the value of the commodity shipped, market factors (competition), et al.

So, we are probably splitting hairs here, but the "rate" in transportation industry is a published or contract charge, not a component. If these were mileage "rates" the layout of the tariff would be much different, with mileages rather than specific points being the determining factor.

I do not have the ability to discuss the regulatory pricing structures in place today and will not even attempt to do so.


I am looking forward to your reply.

ed



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Posted by MichaelSol on Thursday, March 17, 2005 3:38 PM
QUOTE: Originally posted by gabe

I was just enjoing the double entendre of "beancounter."

Gabe

P.S. Illinois' cash crop is corn rather than wheat, so comparing it to Montana's wheat is not really a fair comparison.

And Minnesota's is Norwegians, but I included its wheat crop too.

Although ranked 15th in production, Illinois is no slouch on wheat. At 53,000,000 bushels annually, it produces more than Wisconsin and Iowa, nearly as much as Nebraska, and nearly half as much as South Dakota, a big wheat producer. Even at 31% of Montana's wheat crop, it is no pygmy in wheat production. Best regards, Michael Sol
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Posted by gabe on Thursday, March 17, 2005 3:31 PM
I was just enjoing the double entendre of "beancounter."

Gabe

P.S. Illinois' cash crop is corn rather than wheat, so comparing it to Montana's wheat is not really a fair comparison.
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Posted by Anonymous on Thursday, March 17, 2005 3:08 PM
QUOTE: Originally posted by gabe

QUOTE: Originally posted by CSSHEGEWISCH

How is EXCESS profit determined? A Montana farmer may feel that any profit to BNSF from the rate he pays is excessive while any profit that the farmer receives from the sale of his crop is reasonable.


What we need is a bean counter.


Nothing ruins a railroad like a BEANCOUNTER.

Have you ever heard the story of Jack and the Beanstalk? Well, there are a few accountants out there with nothing on Ol' Jack...

Just ask Mr. Ebbers...or check in at ENRON...lol...

We don't need no stinking beancounters....

LC
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Posted by MichaelSol on Thursday, March 17, 2005 2:48 PM
QUOTE: Originally posted by MP173

That has to be a really pretty state, but mountains and farming usually dont mix too well.

Somehow, it manages to mix in Montana. Montana grows more wheat than IIlinois, Nebraska, Wisconsin and Iowa combined.

Montana and North Dakota, the two states that have complained the most bitterly about rate discriminations, represent 22% of all wheat production in the United States, together producing, for example, nearly five times the bushels of wheat produced by Minnesota [2004 production year].

For the Northern Tier of states served by the northern line of BNSF between the key ports of Duluth and Portland, the states complaining of rate discrimination produce 65% of all wheat harvested in that market area.

This isn't a small group of grumpy farmers who are subject to unfair pricing, but rather the bulk of wheat produced in the region, a crop of overriding significance to the economies of these states.

Best regards, Michael Sol
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Posted by gabe on Thursday, March 17, 2005 11:51 AM
QUOTE:

Well, we are starting to go in circles here.



You have a gift for understatement.

Gabe
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Posted by MichaelSol on Thursday, March 17, 2005 11:42 AM
QUOTE: Originally posted by CSSHEGEWISCH

How is EXCESS profit determined? A Montana farmer may feel that any profit to BNSF from the rate he pays is excessive while any profit that the farmer receives from the sale of his crop is reasonable.

Well, we are starting to go in circles here. As was mentioned on March 15, the rate is considered excess when the ratio of the revenue received to the regulatory variable cost of the move exceeds the statutory ratio defined by Congress.

It is not based on anyone's "feelings," nor is the concept of profit in a captive market comparable to that of an open market such as exists in commodity industries.

Congress, in any case, in setting the law of the land, has a specific set of laws regarding railroads in this circumstance. For farmers the reasonable rate of profit has usually been invoked from the standpoint of minimum prices received, since otherwise farmers do not set their own prices and force other people to pay them in order to survive.

Best regards, Michael Sol


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Posted by gabe on Thursday, March 17, 2005 10:39 AM
QUOTE: Originally posted by CSSHEGEWISCH

How is EXCESS profit determined? A Montana farmer may feel that any profit to BNSF from the rate he pays is excessive while any profit that the farmer receives from the sale of his crop is reasonable.


What we need is a bean counter.
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Posted by CSSHEGEWISCH on Thursday, March 17, 2005 10:15 AM
How is EXCESS profit determined? A Montana farmer may feel that any profit to BNSF from the rate he pays is excessive while any profit that the farmer receives from the sale of his crop is reasonable.
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Posted by MichaelSol on Thursday, March 17, 2005 10:09 AM
QUOTE: Originally posted by MP173

"Studied indifference to data"?
Now, you have never, as far as I can tell quoted the published Spokane to PNW wheat rate, so I took it upon myself to find that rate.

The carload rate for wheat is $1477, based on 26 -109 cars (tariff authority 4022, item 43590, book 3, section c, page 4).

Michael, the term "rate" is $1477. That is the "rate" quoted in the tariff publication. The rate is "per carload".

You have referred to "rate" in terms of dollars per mile. That is incorrect in this application, however, I will go along with your reasoning.

Please review the following pricing data:

The following is quoted to PNW:
Havre $3181 per carload 890 miles $3.57 per mile
St. Paul $4148 per carload 1793 miles $2.31 per mile
Spokane $1477 per carload 325.6 miles $4.53 per mile

Also, compare the above to the following which you stated:
St. Paul to Duluth $841 per car 157 miles $5.36 per mile

Thus we have the following matrix:
157 miles @ $5.36 per mile
325.6 @ $4.53 per mile
890 @ $3.57 per mile
1793 @ $2.31 per mile

Anyone who has experience in transportation rate making or in fixed and variable costing methodology understands the trend above. Michael, I would assume you also understand it.


1) The rates have to be for equivalent transportation. I utilized tariffs for 100 car trainloads, and, in the event of no such tariff for a specific point, then the next available tariff.

2) In the case of conflicting tariffs, for consistency I chose the cheaper tariff. Spokane has two tariffs at the selected carload number. You chose the highest tariff. For consistency with the other stations, I chose the lowest tariff, which is consistent with the other data used.

3) Comparing Spokane's highest tariff with other stations' lowest tariffs will indeed give you the result you desire.

4) The ICC determined that hauls under 500 miles do not accurately reflect mileage rate, as terminal costs became a significant component of the variable cost involved, skewing the mileage rate above a reasonable cost for that mileage.

6) If a cost factor for terminal costs is deducted from all tariffs across the board, it is possible to show a useful mileage rate for short hauls. The shortest clean haul I could find is Spokane to Cheney Wa, 10 miles, which must be nearly all terminal costs which suggests that $300 originating and $300 terminating may be useful figures.

7) BN utilized mileage in determining it's variable cost in rate litigation proceedings, because tariffs are based on mileage and terminal costs. A multivariate regression analysis will show a 99.9% casuality between tariff and mileage because that is what the tariffs are based on.

"To detemine the (mileage) rates for use of private cars for traffic in the comparison group, we [the ICC] relied on the railroad industry's "UMLER" files, a computerized list of railroad cars showing the actual mileage rate ..." McCarty Farms, et.al. v. Burlington Northern Inc. 7 ICC2d 1027.

While your essay on the disconnect of mileage from the meaning of tariffs is interesting, I cannot find anyone that recognizes it for the purpose of comparing rates in the railroad industry.

8) Adjusting for terminal costs, as a group Montana stations show significantly higher rates per mile for their tariffs for wheat and barley than any other cluster of stations on the BNSF system.

"We have previously found that Burlington Northern Railroad Company has market dominance over movement of wheat and barley from Montana to Pacific Northwest ports." 31 ICC2d 822 (1991). "[We found that] certain of its rates for traffic are unreasonable." 4 ICC 2d 262 (1988).

While the case was overturned eventually on modified evidentiary grounds, the law has since been modified to essentially put it back to reflect the ICC's original interpretation. This is the impetus for state legislatures attempting to organize another case.

However, compare BNSF's $55 million annual excess profit from Montana alone, and the resources of a typical ag state government or private shipper to pursue litigation with financial stakes that high for, 15, 16 or 17 years. That is, how much BNSF is willing to devote to lobbying and litigation, compared to the financial resources of the farm community.

Ironically, less profit of course has meant less financial ability to litigate.

Best regards, Michael Sol
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Wednesday, March 16, 2005 11:19 PM
QUOTE: Originally posted by StillGrande

CSSHEGEWISCH is on the right track with regards to communities and business which seem to think the rail line is vital to their community but is not worth the railroad's expense to operate. Nothing is stopping these communities from stepping in and setting up their own gov't owned shortline to act as a public service rather than a profit system. Especially if they can't even attract a shortline operator to run the thing at a bare minimum. Treat it like a bus line and give up funding in the county or even city (well, cities) budget. Run it like a commuter rail service. If it is so vital yet such a loss leader, that is what county government is for. Paying as a whole for what benefits the group is better than losing the service and all the attached jobs.

The part of Mike's argument I was addressing with state owned railcars was his statement that Montana loses railservice to other states due to a lack of available covered hoppers. If you have the cars in dedicated service, you avoid the argument that the resource (the railcars) is scarce and therefore you are cut off. (On a side note, don't some of the Canadian provinces do the same thing?)


It took a bunch of local governments a few years of doing just that before they realized that their shippers were still captive to the original Class I owner, thus still reluctant to pay the overcharges for rail service. There is no point in any local government buying a branchline if the potential shippers on it are still constrained by the illogic of differential pricing and captivity to one Class I service provider at the junction. The same goes for purchasing railcars for dedicated service on a captive shortline. The savings will only be pocketed by the Class I, while the taxpayers get saddled with maintenance costs and the shippers get saddled with continued overpriced sloppy service.

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