Sec. 205. rate regulation proceedings; adequate revenues

404 words·~2 min read·/statute-compilations/comps-1804/sec-205

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## Sec. 205 rate regulation proceedings; adequate revenues ###

(a)####

(1)The Interstate Commerce Commission shall commence a proceeding for purposes of determining whether, and to what extent, product competition should be considered in proceedings under subtitle IV of title 49, United States Code, to determine the reasonableness of rail carrier rates. The Commission shall complete its proceeding under this subsection within 230 days after the effective date of this Act. ####

(2)#####

(A)For purposes of this subsection, the term “**product competition**” means the availability to a consignee, at a competitive delivered cost and in sufficient quantities, of products or commodities which are of the same type as the commodity or product to which the rate in question applies, without regard to whether such products or commodities are available from the same or a different origin as those to which the rate applies. #####

(B)In determining the availability of alternative sources of a particular commodity for purposes of this subsection, such commodity must be capable, by reason of similar specifications, of being effectively utilized by the consignee. #####

(C)In determining the availability of alternative sources of coal for purposes of this subsection, such coal must be capable, by reason of similar specifications such as Btu's, sulfur content, and ash content, of being effectively utilized by the consignee. #####

(D)For purposes of this subsection, any coal imported in the United States for the generation of electricity by utilities shall not be taken into account in the determination of whether coal is available to a consignee from another source. ####

(3)#####

(A)Nothing in this subsection shall be construed as requiring the Commission to modify its standards for the determination of the reasonableness of rail carrier rates under existing law and procedures. #####

(B)Nothing in this subsection shall be construed as altering the meaning, use, or interpretation by the Commission, the courts, or any party of the term “**market dominance**”, as defined in section 10709(a) of title 49, United States Code. The enactment of this subsection shall not be considered by the Commission in any proceeding, or by any court on an appeal from that or any other proceeding, to determine the proper scope of the term “**market dominance**” or whether there is market dominance over the transportation to which any particular rate applies. ###

(b)**[**Omitted—amendatory provisions only.**]** **[**Sections 206 through 216 omitted—amendatory or obsolete provisions only.**]**