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July TRAINS takes on the captive shipper debate - Best Issue Ever?

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Posted by rrandb on Friday, June 9, 2006 9:35 PM
What is destructive is the number of empty grain silo's with abandoned right of ways next to them. The tracks disappeared with the end of regulated rates that were artificialy low. They could no longer provide service when the true cost of shipping became clear. You claim their rates are artificially high. Maybe the railroads should raise the rates for the non-captive shippers. They would need to get together so they could agree one was not making more than the other. Maybe an orginization like OPEC. They would have all the money they needed to improve infastructure. They would be just like the "OIL" companies and we all will pay more.
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Posted by TomDiehl on Friday, June 9, 2006 9:36 PM
QUOTE: Originally posted by MichaelSol

QUOTE: Originally posted by TomDiehl

QUOTE: Originally posted by MichaelSol

QUOTE: Originally posted by greyhounds
No.

No business manager in his/her right mind would cross subsidize business and '"divert their resources from productive traffice to traffic that does not generate a sufficient rate of return"

Why on earth would any sane person do that? Your statements make no sense.

Pharmaceutical companies do it all the time with enormous R&D expenses, hoping that one in ten might pay off.

IBM did it with PCs for years.

Venture capitalists do it for a living.

Boeing does it with every plane it develops, looking at overall losses for years on the product, until finally they hit (hopefully) the break even point.

In the real world it is fairly common for a variety of reasons, some of them simply being mistakes and business makes a lot of them.


So now you're comparing what a railroad charges two different customers for transportation service to what companies spend on R&D for new products.

Couldn't get much more unrelated than that.

You will have to talk to greyhounds about his generalization into all "business managers." I agree with you since railroad captive shippers are a unique situation, but he made the assertion, and the assertion was, as usual, demonstrably false.


It wasn't Greyhound's generalization I was refering to, just your extremely unrelated "analogy."
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Posted by TomDiehl on Friday, June 9, 2006 9:37 PM
QUOTE: Originally posted by rrandb

Market theory is that you charge for your service "as much as the market will bear". If you charge too much you will lose market share. Too little and you are losing income for your stock holders. Is this not what the railroads are doing. Companies chose to ship by rail because it is the most cost effective and efficent way to move their product. There complaint isn't that they are paying too much but that some one else is paying less.


You mean like, "Mommy, his piece of pie is bigger than mine," kind of thing?
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Posted by MichaelSol on Friday, June 9, 2006 9:41 PM
Pharmaceutical R&D is a business venture, because the company has to analyze the costs of development (startup costs) with the expected market and profit. The huge costs of R&D have to come from existing business, and is put into what may or may not be a profitable line of business.

Why you might think the analogy is unrelated is, I am sure, based upon your extensive business experience.
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Posted by MichaelSol on Friday, June 9, 2006 9:45 PM
QUOTE: Originally posted by rrandb

What is destructive is the number of empty grain silo's with abandoned right of ways next to them. The tracks disappeared with the end of regulated rates that were artificialy low.

This is simply bizarre. General rates have dropped by about 50% since the "artificially low" rates of the regulated era. Rates must be really, really "artificially low" now.
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Posted by TomDiehl on Friday, June 9, 2006 10:17 PM
QUOTE: Originally posted by MichaelSol

Pharmaceutical R&D is a business venture, because the company has to analyze the costs of development (startup costs) with the expected market and profit. The huge costs of R&D have to come from existing business, and is put into what may or may not be a profitable line of business.

Why you might think the analogy is unrelated is, I am sure, based upon your extensive business experience.


Very simple. R&D by a pharmaceutical company to develop new products, then sell them is in no way related to how much a railroad charges two different customers for the transportation services using existing infrastructure. The only way to make this an accurate analogy would be to compare it to a pharmecuetical company expanding their factory to produce more drugs, but that would still be a real stretch. The railroad isn't developing anything new that may or may not sell.

Obviously your "business experience" has blinded you to the obvious.
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Posted by rrandb on Friday, June 9, 2006 10:32 PM
QUOTE: Originally posted by MichaelSol

QUOTE: Originally posted by rrandb

What is destructive is the number of empty grain silo's with abandoned right of ways next to them. The tracks disappeared with the end of regulated rates that were artificialy low.

This is simply bizarre. General rates have dropped by about 50% since the "artificially low" rates of the regulated era. Rates must be really, really "artificially low" now.
Do you really believe that immediatly before deregulation that they were artificially high and railroads wanted to lower the rates because they were too high.That's bizarre. Our market econoimy and improvements in efficency have resulted in today's rates. But then how could rates have gone down in a command and control econimy? [?]. SPIN
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Posted by MichaelSol on Friday, June 9, 2006 10:45 PM
QUOTE: Originally posted by rrandb

QUOTE: Originally posted by MichaelSol

QUOTE: Originally posted by rrandb

What is destructive is the number of empty grain silo's with abandoned right of ways next to them. The tracks disappeared with the end of regulated rates that were artificialy low.

This is simply bizarre. General rates have dropped by about 50% since the "artificially low" rates of the regulated era. Rates must be really, really "artificially low" now.
Do you really believe that immediatly before deregulation that they were artificially high and railroads wanted to lower the rates because they were too high.That's bizarre. Our market econoimy and improvements in efficency have resulted in today's rates. But then how could rates have gone down in a command and control econimy? [?]. SPIN

Wasn't that the argument in favor of deregulation? That rates would go down? That genuine "market forces" would compel railroads to more efficient allocation of resources, resulting in lower rates?

Do you really think people were arguing that rates were "artificially low" and that America wanted to deregulate so that rates would go higher?

Whew. That would have been an interesting Senate discussion and vote, if even a shred of what you say was true.

Of course, it isn't.

Isn't this all part of your perception that "most shippers are captive", and that "13 trains a day" operate on the BNSF Highline?
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Posted by Murphy Siding on Friday, June 9, 2006 11:24 PM
QUOTE: Originally posted by MichaelSol
Because we, as an economy and a society, have already done the experiments that prove the theory. Fixed prices, captive prices, monopoly prices all result in inefficient use of resources, market distortions, and ultimately, harm to the company that practices them, and harm to the society that permits them.

All quite possibly true. But nowhere does the above statement support your acertion that railroads take the *extra* made from captive shippers to use to *subsidize* non-captive shippers. That doesn't seem to be market theory, as you decribe it. That seems to be your opinion.

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Posted by rrandb on Friday, June 9, 2006 11:37 PM
Some rates were artificialy low. Most were not. What is obvoius was the number of miles of track that disappeared when the railroads no longer had to provide service to customers that were unable to afford these services based on the actual cost of rail service. How do you get permission to adandon a line if its making too much money? You can not. Can you abandon a line because it doesn't make enough money to operate it. YES The remarks were about grainger lines that after de-regulation became dirt paths. Was this because the railroads were making too much money NO
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Posted by greyhounds on Friday, June 9, 2006 11:55 PM
QUOTE: Originally posted by Murphy Siding

QUOTE: Originally posted by MichaelSol
Because we, as an economy and a society, have already done the experiments that prove the theory. Fixed prices, captive prices, monopoly prices all result in inefficient use of resources, market distortions, and ultimately, harm to the company that practices them, and harm to the society that permits them.

All quite possibly true. But nowhere does the above statement support your acertion that railroads take the *extra* made from captive shippers to use to *subsidize* non-captive shippers. That doesn't seem to be market theory, as you decribe it. That seems to be your opinion.


It's not his opinion, it's his political agenda. Facts, reason, logic, honesty and integrity don't matter to him. He's got an ideology and he's going to follow it.

Every fact is interprited by him to support what he already believes. He's a "True Believer". Eric Hoffer wrote a very good book about him.
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Posted by MichaelSol on Friday, June 9, 2006 11:56 PM
QUOTE: Originally posted by Murphy Siding
But nowhere does the above statement support your acertion that railroads take the *extra* made from captive shippers to use to *subsidize* non-captive shippers. That doesn't seem to be market theory, as you decribe it.

That is precisely my contention. It is not market theory.

However, if railroads are not taking the 250, 300 and 400% revenue to variable cost profits and not using them to subsidize other shippers, then that means other shippers are also contributing their fair share, right? And railroads are earning 250%, 300% or 400% of their variable costs, right?

And VC/TC is the current estimated 50%, then railroads, not subsidizing, are not earning 10-15%, but really are earning 125%, 150% or 200% of their gross, right?

!!??!!

I am sorry, but the math does not work for any contention that there is not subsidized traffic, and if there is not subsidized traffic, then railroads must be earning profit in excess of their revenues.

Can't buy it.

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Posted by MichaelSol on Saturday, June 10, 2006 12:00 AM
QUOTE: Originally posted by rrandb

Some rates were artificialy low. Most were not. What is obvoius was the number of miles of track that disappeared when the railroads no longer had to provide service to customers that were unable to afford these services based on the actual cost of rail service. How do you get permission to adandon a line if its making too much money? You can not. Can you abandon a line because it doesn't make enough money to operate it. YES The remarks were about grainger lines that after de-regulation became dirt paths. Was this because the railroads were making too much money NO

Well, your positions change faster than a speeding railroad locomotive. Can't keep up.
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Posted by MichaelSol on Saturday, June 10, 2006 12:02 AM
QUOTE: Originally posted by greyhounds

QUOTE: Originally posted by Murphy Siding

QUOTE: Originally posted by MichaelSol
Because we, as an economy and a society, have already done the experiments that prove the theory. Fixed prices, captive prices, monopoly prices all result in inefficient use of resources, market distortions, and ultimately, harm to the company that practices them, and harm to the society that permits them.

All quite possibly true. But nowhere does the above statement support your acertion that railroads take the *extra* made from captive shippers to use to *subsidize* non-captive shippers. That doesn't seem to be market theory, as you decribe it. That seems to be your opinion.


It's not his opinion, it's his political agenda. Facts, reason, logic, honesty and integrity don't matter to him. He's got an ideology and he's going to follow it.

Every fact is interprited by him to support what he already believes. He's a "True Believer". Eric Hoffer wrote a very good book about him.

Ah, the well known "industry propagandist" alleging an "ideology."

Priceless.

Contention: Monopoly prices promote inefficiency. Therefore "Facts, reason, logic, honesty and integrity don't matter to him. He's got an ideology ..." which is the insidious ideology promoted by Free Market advocates that ... monopoly prices promote inefficiency. How dishonest! What a lack of integrity! How illogical -- everyone knows that monopoly prices are reasonable, logical, honest.

What on earth? This is deep end stuff on the part of Strawbridge.

Ever find out how much money I contributed to Brian Schweitzer, in support of my "ideology", as you alleged?

Or did you make that up too?
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Posted by rrandb on Saturday, June 10, 2006 12:15 AM
QUOTE: Originally posted by MichaelSol

QUOTE: Originally posted by rrandb

Some rates were artificialy low. Most were not. What is obvoius was the number of miles of track that disappeared when the railroads no longer had to provide service to customers that were unable to afford these services based on the actual cost of rail service. How do you get permission to adandon a line if its making too much money? You can not. Can you abandon a line because it doesn't make enough money to operate it. YES The remarks were about grainger lines that after de-regulation became dirt paths. Was this because the railroads were making too much money NO

Well, your positions change faster than a speeding railroad locomotive. Can't keep up.
My position stays the same. I'm sitting. Why were so many lines ripped out when railroads would lose all those cash cow "captive" shippers.
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Posted by MichaelSol on Saturday, June 10, 2006 12:24 AM
QUOTE: Originally posted by rrandb
My position stays the same. I'm sitting.

OK,

1) most shippers are captive,
2) there are 13 trains on day on the BNSF northern line,
3) regulated rates were "artificially low".

Sit.
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Posted by rrandb on Saturday, June 10, 2006 12:44 AM
QUOTE: Originally posted by MichaelSol

QUOTE: Originally posted by rrandb
My position stays the same. I'm sitting.

OK,

1) most shippers are captive,
2) there are 13 trains on day on the BNSF northern line,
3) regulated rates were "artificially low".

Sit.
Most rail shippes are basically captive to the rail line they built beside. 55 cars x 13 unit grain trains a day is not too much for BNSF. By its very nature regulation caused some (not most) rates to be artificialy low. Whether you remove, add or misconstrue someone elses word its still just like lying. Its good money while you can get it but maynot serve you very well in the real world. But then you probably know that by now. [2c]
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Posted by MichaelSol on Saturday, June 10, 2006 12:55 AM
QUOTE: Originally posted by rrandb
Whether you remove, add or misconstrue someone elses word its still just like lying.

Then you need to stop doing it and get your facts straight.
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Posted by rrandb on Saturday, June 10, 2006 12:57 AM
The pot calling the kettle black
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Posted by narig01 on Saturday, June 10, 2006 1:10 AM
[2c][2c][2c]

National Petrochemical and Refiners Association:

"Legislation to remedy the current lack of access to competitive railroad operations and rates facing “captive shippers” -- including many petrochemical manufacturers -- has been offered in the 109th Congress. S. 919, The Railroad Competition Act of 2005, is co-sponsored by a bi-partisan group of Senators including Conrad Burns (R-MT), John D. Rockefeller IV (D-WV), Max Baucus (D-MT), Byron Dorgan (D-ND), Tim Johnson (D-SD), Mark Dayton (D-MN), Larry Craig (R-ID), John Thune (R-SD) and David Vitter (R-LA). S. 919 proposes to "clarify" national rail policy under the Interstate Commerce Commission (ICC) Termination Act and requires the Surface Transportation Board to "ensure effective competition" among railroads at origins and destinations; enforce reasonable rail rates "in the absence of effective competition," and maintain consistent and efficient rail service for shippers, including timely distribution of rail cars."
...
"NPRA supports a competitive, market-driven, and consumer-oriented North American rail transportation system. The Association favors providing the necessary federal resources to improve rail competition as well as rail infrastructure. Actions must be taken to hold railroads accountable in maintaining or improving service and making operations more efficient. As captive shippers, NPRA members should be protected from lack of competitive rail alternatives and rates. Severe service problems, such as those that resulted from past railroad mergers, must be prevented and/or mitigated though effective remedies. These remedies should include provisions such as performance guarantees, reasonable compensation for unacceptable performance, and guaranteed access to gateways and other railroads."

According to NPRA: Percentage of "Petroleum or Coal Products" captive by revenue percentage: 49.1%


Comment: If you think your prices are too high build your own f#%*#@’g RR!!!

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Posted by Anonymous on Saturday, June 10, 2006 1:38 AM
Speaking of the pot calling the kettle black..........

(RE: The petrochemical industry complaining about captive rail rates)

QUOTE: Originally posted by narig01

Comment: If you think your prices are too high build your own f#%*#@’g RR!!!



Comment: If RR's think their diesel fuel prices are too high, then let them build their own f#%*#@'g refineries!!!![}:)]
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Posted by Anonymous on Saturday, June 10, 2006 2:08 AM
QUOTE: Originally posted by rrandb

Some rates were artificialy low. Most were not. What is obvoius was the number of miles of track that disappeared when the railroads no longer had to provide service to customers that were unable to afford these services based on the actual cost of rail service. How do you get permission to adandon a line if its making too much money? You can not. Can you abandon a line because it doesn't make enough money to operate it. YES The remarks were about grainger lines that after de-regulation became dirt paths. Was this because the railroads were making too much money NO


"How do you get permission to abandon a line if it's making too much money?" The "too much money" statement aside (e.g how much is "too much"?), a line that was profitable pre-Staggers can end up in the scrap heap for any number of reasons. Mergers can make a profitable line redundant, and we all know what happened to the redundant lines post-Staggers, don't we? The seemingly sole purpose of mergers was to allow railroads to lop off assets to *reduce* costs, totally irrespective of whether those assets made money or not. The whole purpose of dereg seems to be to consolidate as much trackage as possible into the fewest corridors possible, to allow maximization of pricing power. Thus, it is probable that most of those lines being scrapped were profitable, but the proliferation of them repressed pricing maximization. Of course, the railroads turned around then and, instead of maximizing all profits on the few remaining lines, used captive rates to maximize profits on only captive US rail shippers, then cross subsidized the rates for non-captive shippers, including all overseas importers.

Thus, minus imported oil and in spite of a relatively weak dollar, we still have a growing trade deficit, thanks in part to the market skewing activities of US railroads.

Economic theory predicts such, and WHOOOMP there it is.

The area of the country I reside in is full of abandoned ROW's that made money for their owners - The Milwaukee PCE, the ex-NP nee BN Palouse and Lewiston line, the SP&S from Spokane to Pasco, the 2nd and 4th subdivisions of the ex-Camas Prairie, the UP Yakima Valley line, et al. It's quixotic and bizzare, yet instead of returning some of those profits to the line in question for maintenance and/or upgrade, the Class I's siphoned off all those profits for other projects, possibly for the cross-subsidies given to the importers of Asian made products![V]
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Posted by MichaelSol on Saturday, June 10, 2006 8:11 AM
QUOTE: Originally posted by rrandb How do you get permission to adandon a line if its making too much money? You can not.

I am curious as to the basis for these broad statements you keep making. How many line abandonment proceedings have you participated in and what was your role?

My reason for asking is because there are significant examples contrary to what you say. I have here an Application to Abandon, dated August, 1979, showing that the largest line abandonment proceeding ever before the ICC, to that date, showed that the line proposed for abandonment made more money than the parent company.

The application was granted.
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Posted by Murphy Siding on Saturday, June 10, 2006 8:44 AM
QUOTE: Originally posted by MichaelSol

That is precisely my contention. It is not market theory.

However, if railroads are not taking the 250, 300 and 400% revenue to variable cost profits and not using them to subsidize other shippers, then that means other shippers are also contributing their fair share, right? And railroads are earning 250%, 300% or 400% of their variable costs, right?

And VC/TC is the current estimated 50%, then railroads, not subsidizing, are not earning 10-15%, but really are earning 125%, 150% or 200% of their gross, right?

!!??!!

I am sorry, but the math does not work for any contention that there is not subsidized traffic, and if there is not subsidized traffic, then railroads must be earning profit in excess of their revenues.

Can't buy it.



As you explain it that way, I understand it. I see what you're saying. The reality is that railroads are cross-susidizing. That makes sense in this context. I don't feel that was part of anybody's grand plan to do that. It's just the way it worked out.
If, we are to force the prices down on captive shippers, how do you forsee railroads making up that difference?

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Posted by MichaelSol on Saturday, June 10, 2006 10:53 AM
There was at least the idea that captive shippers would need protection, built into the Staggers Act. The mechanism of ensuring "competitive" rates for captive shippers was somewhat vague, but legislation involving established regulatory agencies often is; Congress simply defers to the technical expertise of the regulatory agency to implement guidelines.

With regard to the ICC, this had been problematic, dating back to the days when Congress finally mandated a minimum of 6% return for railroads, yet the ICC through its rate making powers never accomplished that.

With Staggers, the ICC stepped up to the captive shipper provisions and on December
14, 1984 found that pursuant to Congressional guidelines, that the BN had market dominance in Montana and that its rates were unreasonable. The Administrative Law Judge (ALJ) further found that the rates were higher than 300% of variable cost of the service provided, far above the Staggers' guidelines.

The State of Montana spent $3.2 million on the litigation. However, high priced railroad lawyers, an unlimited litigation budget, and 14 years of constant litigation and appeals, replaced the original ICC implementation with an unwieldy, nearly impossible litigation standard, an impossibly vague standard of proof, and essentially rendered the original provision, as interpreted correctly by the ICC, unenforceable.

The idea however, remains clear. Pricing had to be rational to all shippers. Didn't have to be equal -- great latitude was provided for differential pricing. However, specific variable cost guideline limits were set. Not only would that provide protection to captive shippers, but discourage what in other industries would be called "dumping" -- offering a below cost good or service to destroy genuine competition. Companies that "dump" naturally have to have a source of funds to cover their losses, which they obtain from other customers. Internationally, it strictly outlawed. It's against the law to do it domestically for most businesses under state consumer protection and trade practices laws.

The evidence strongly suggests that railroads have been the only industry permitted to follow this practice, even though a strict application of Staggers guidelines would have, and still would, keep them from shifting the cost of an ultimately destructive business strategy to captive shippers. If intermodal (and some coal) were charged fully compensatory rates, it is likely there would be no congestion problems of the magnitude requiring billions of dollars of further and costly investment -- at the cost of poorer service to the captive shippers supplying the funds -- and heightened risk of financial distress in the event of an economic downturn or rationalization of the value of the Yuan.

That is, railroads would not have their current problems, and would be rationally profitable, had they not been able to fund a ruinous long term price war and a rate "race to the bottom" out of captive funding.
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Posted by n012944 on Saturday, June 10, 2006 11:28 AM
QUOTE: Originally posted by futuremodal

QUOTE: Originally posted by rrandb

Some rates were artificialy low. Most were not. What is obvoius was the number of miles of track that disappeared when the railroads no longer had to provide service to customers that were unable to afford these services based on the actual cost of rail service. How do you get permission to adandon a line if its making too much money? You can not. Can you abandon a line because it doesn't make enough money to operate it. YES The remarks were about grainger lines that after de-regulation became dirt paths. Was this because the railroads were making too much money NO


"How do you get permission to abandon a line if it's making too much money?" The "too much money" statement aside (e.g how much is "too much"?), a line that was profitable pre-Staggers can end up in the scrap heap for any number of reasons. Mergers can make a profitable line redundant, and we all know what happened to the redundant lines post-Staggers, don't we? The seemingly sole purpose of mergers was to allow railroads to lop off assets to *reduce* costs, totally irrespective of whether those assets made money or not. The whole purpose of dereg seems to be to consolidate as much trackage as possible into the fewest corridors possible, to allow maximization of pricing power. Thus, it is probable that most of those lines being scrapped were profitable, but the proliferation of them repressed pricing maximization. Of course, the railroads turned around then and, instead of maximizing all profits on the few remaining lines, used captive rates to maximize profits on only captive US rail shippers, then cross subsidized the rates for non-captive shippers, including all overseas importers.

Thus, minus imported oil and in spite of a relatively weak dollar, we still have a growing trade deficit, thanks in part to the market skewing activities of US railroads.

Economic theory predicts such, and WHOOOMP there it is.

The area of the country I reside in is full of abandoned ROW's that made money for their owners - The Milwaukee PCE, the ex-NP nee BN Palouse and Lewiston line, the SP&S from Spokane to Pasco, the 2nd and 4th subdivisions of the ex-Camas Prairie, the UP Yakima Valley line, et al. It's quixotic and bizzare, yet instead of returning some of those profits to the line in question for maintenance and/or upgrade, the Class I's siphoned off all those profits for other projects, possibly for the cross-subsidies given to the importers of Asian made products![V]



Oh, thats right we forgot about your and Sol's "conspriracy theory" that the world is out to make the northwest captive to two railroads. The reason all the railroads were abandoned was economics, you can say all the things you want, but the bottom line is that if the lines made money, which includes covering the maintance of the line, the lines would still be here and operating.


Bert

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Posted by TomDiehl on Saturday, June 10, 2006 11:34 AM
QUOTE: Originally posted by futuremodal

Speaking of the pot calling the kettle black..........

(RE: The petrochemical industry complaining about captive rail rates)

QUOTE: Originally posted by narig01

Comment: If you think your prices are too high build your own f#%*#@’g RR!!!



Comment: If RR's think their diesel fuel prices are too high, then let them build their own f#%*#@'g refineries!!!![}:)]


The railroads AREN'T saying the fuel prices are too high, they're explaining what the fuel surcharge is for.
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Posted by n012944 on Saturday, June 10, 2006 11:36 AM
QUOTE: Originally posted by futuremodal

QUOTE: Originally posted by n012944

QUOTE: Originally posted by MichaelSol

National Petrochemical and Refiners Association:


Now if you are going on about price gouging in an industry, why on earth would you use oil companies as an example??? I get it, its the railroads fault that I paid $3.05 a gallon to fill up my car today. 1st it was Katrina, then Rita, then tensions in Iran, and now the railroads. Give me a break.

Bert


Bert,

The reference to the petroleum industry was in the context of it being subjected to captive rates, aka roughly 50% of the industry is captive to one Class I railroad. Whether the oil industry itself also engages in captive pricing or not was not the issue.

However, if you know of ANY locale that only has one oil company offering, please let us know. I know that there are scads of small towns (under 1000 population) that have only one local source of fuel, but of course they are not that far (10 to 15 miles) from larger towns that have several fuel sources. Unless you are walking down to the fuel pumps to fill your gas cans for your lawn mower, most small town residents have no problem filling their tanks at any number of fuel stations.


Considering oil and most of its by products very easily shipped by either pipeline or truck(oh yea I forgot railroads don't compete with trucks) they have many options. If they do not like the price that the railroads give use something else. Also as you pointed out there are many places with only one fueling station in the area. If the next fuel source is only 10-15 miles away, is it worth using a gallon of gas round trip to save $0.10 a gallon? The oil companies know this, and as a result have many people "captive."

Bert

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Posted by bobwilcox on Saturday, June 10, 2006 12:00 PM
QUOTE: Originally posted by MichaelSol


The State of Montana spent $3.2 million on the litigation. However, high priced railroad lawyers, an unlimited litigation budget, and 14 years of constant litigation and appeals, replaced the original ICC implementation with an unwieldy, nearly impossible litigation standard, an impossibly vague standard of proof, and essentially rendered the original provision, as interpreted correctly by the ICC, unenforceable.


It sounds like Montana had its day in court and lost. Get over it.
Bob
  • Member since
    December 2001
  • From: K.C.,MO.
  • 1,063 posts
Posted by rrandb on Saturday, June 10, 2006 12:02 PM
QUOTE: Originally posted by MichaelSol

QUOTE: Originally posted by rrandb
Whether you remove, add or misconstrue someone elses word its still just like lying.

Then you need to stop doing it and get your facts straight.
Micheal when it comes to facts no one can top you. You have the amazing ability to pull facts and figures from a savant like mind or a data base that appears to rival IBM. What you lack is an original solution (of your own) to an obvious problem. Is that because one does not exist that someone else has proposed? [?] I would offer an example but you will just carve it up with your usual surgical precsion and neglect to offer your own. [2c]

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