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Individual municipal utilities have experienced similar problems with coal shipments to <br />their local plants. Hibbing and Virginia, two small communities located on Minnesota's <br />Iron Range, enjoy the benefits of owning and operating their own municipal electric <br />utilities. Unfortunately, both communities have recently been forced to give up their rail <br />service -they have resorted to trucking coal from Superior, Wisconsin to their respective <br />towns to fuel small coal plants rather than deal with prohibitive rail transport costs. The <br />Virginia Department of Public Utilities, for example, now pays upwards of $44 per ton of <br />coal, but only $9 is for the coal itself. The remaining $35 covers the costs of <br />transportation. Willmar Municipal Utilities was informed that a renewed coal and <br />transportation agreement for the years 2006 and 2007 would result in a 39% increase and <br />that the offer was non-negotiable. <br />Legislation to address the concerns of rail customers has be introduced in the 110~h <br />Congress. HR 2125, the Railroad Competition and Improvement Act of 2007 has been <br />introduced by House Transportation and Infrastructure Committee Chairman Jim <br />Oberstar (D-MN) and Representative Richard Baker (R-LA). S 953, the companion bill <br />in the Senate, was introduced by a bipartisan group of Senators led by Senators John <br />Rockefeller (D-WV) and Byron Dorgan (D-ND). This legislation would require railroads <br />to quote rates between any two points on their system where traffic can originate, <br />terminate or be interchanged, and to remove "paper barriers" that prevent short-line <br />railroads from connecting to more than one major railroad (thus allowing short-line <br />carriers that contract with major railroads to engage in competition without being <br />penalized). The legislation also contains a clear statement of the railroads obligation to <br />serve given the essential service they provide to many sectors of the economy and directs <br />the STB to take action to investigate railroad practices that result in abuse of market <br />power. Additionally, the proposed law attempts to develop a workable rate challenge <br />process at the STB. <br />Legislation has also be introduced in both the House and the Senate to eliminate the <br />exemptions from antitrust law that the railroads currently enjoy, including exemptions <br />relating to mergers and acquisitions, collective ratemaking and private antitrust lawsuits. <br />MMUA strongly supports both the antitrust bill and the rail reform bill. <br />In the spring of 2006, the railroads began to express interest in receiving a federal <br />Investment Tax Credit (ITC) of 25 percent to apply to new investment in rail <br />infrastructure. Any additional federal subsidy for infrastructure improvement should not <br />come without guarantees that dollars will be spent to enhance reliability, especially in <br />captive shipper corridors. Minnesota municipal utilities and captive shipper groups like <br />Consumers United for Rail Equity (CURE) support an ITC for the railroads only if STB <br />reforms are enacted at the same time that provide relief for rail customers. <br />The captive shipping issue is not limited to utilities and affects many other large <br />segments of our economy including agriculture, wood products and chemicals. This is <br />best illustrated by the list of organizations supporting rail competition reform. <br />Supporting organizations include: <br />Minnesota Municipal Utilities Association <br />February 2008 <br />