Section 105IAC5-1-34. Rail rates; reasonable minimum

   Rail rates shall not be established below a reasonable minimum. Any rate for transportation by a rail carrier that does not contribute to the going concern value for such carrier is presumed to be not reasonable.

  Rail rates which equal or exceed the variable cost of providing the transportation are conclusively presumed to contribute to the going concern value of that rail carrier, and are therefore presumed to to [sic.] be above a reasonable minimum.

  In determining whether a rate is reasonable, the commission shall consider the policy that railroads earn adequate revenues as well as evidence of the following:

(1) the amount of traffic which is transported at revenues which do not contribute to going concern value and efforts made to minimuze [sic.] such traffic;

(2) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and

(3) the carrier's mix of rail traffic to determine whether one commodity is paying an unreasonable share of the carrier's overall revenues.

(Indiana Department of Transportation; 105 IAC 5-1-34; filed May 18, 1983, 2:18 p.m.: 6 IR 1213; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Transportation (100 IAC 6-1-34) to Indiana Department of Transportation (105 IAC 5-1-34) by P.L.112-1989, SECTION 5, effective July 1, 1989.