49 U.S.C. § 15503 — Authority and criteria: rates, classifications, rules, and practices prescribed by Board
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 253 words · no verdicts yet
The Board can hold a full hearing on a pipeline carrier's rate, rule, or practice. If it breaks the law, the Board can order a fix. It weighs the carrier's need for revenue and other transport options.
When the Board*, after a full hearing, decides that a rate* charged or collected by a pipeline carrier* for transportation* subject to this part, or that a classification, rule, or practice of that carrier, does or will violate this part, the Board may prescribe the rate, classification, rule, or practice to be followed. In prescribing the rate, classification, rule, or practice, the Board may utilize rate reasonableness procedures that provide an effective simulation of a market-based price for a stand alone pipeline. The Board may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not publish, charge, or collect a different rate and shall adopt the classification and observe the rule or practice prescribed by the Board.
When prescribing a rate, classification, rule, or practice for transportation or service by a pipeline carrier, the Board shall consider, among other factors—
the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier;
the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service; and
the availability of other economic transportation alternatives.
The Board may begin a proceeding under this section on complaint. A complaint under this section must contain a full statement of the facts and the reasons for the complaint and must be made under oath.
Source credit: (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 924.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 924
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.
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