ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 15503Authority 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

in plain englishAI-generated · not legal advice

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.

(a) In General. The Board can hold a full hearing on a pipeline carrier. If the Board decides the carrier's rate, or its classification, rule, or practice, breaks this part of the law (or will break it), the Board can set a new rate, classification, rule, or practice for the carrier to follow. The Board may use "rate reasonableness procedures" — methods that act like a market price for a stand-alone pipeline. The Board can order the carrier to stop the violation. Once the Board sets a rate, classification, rule, or practice, the carrier cannot charge a different rate. It cannot collect a different rate either. It must adopt the classification and follow the rule or practice the Board set. (b) Factors To Consider. When the Board sets a rate, classification, rule, or practice, it must think about several things, including: (1) how the change affects the carrier's traffic; (2) whether the carrier will earn enough revenue, if run honestly and efficiently, to keep providing the transportation or service; and (3) whether other affordable ways to transport the goods exist. (c) Proceeding. The Board can start this kind of case because of a complaint. The complaint must fully explain the facts and the reasons behind it, and the person filing it must swear to it under oath.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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.

(b)Factors To Consider.—

When prescribing a rate, classification, rule, or practice for transportation or service by a pipeline carrier, the Board shall consider, among other factors—

(1)

the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier;

(2)

the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service; and

(3)

the availability of other economic transportation alternatives.

(c)Proceeding.—

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.)

history & why it existsrecord from the source credit
  • 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.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case