W. Va. Code R. § 150-18-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-18-3 - Determination Of Access Charges

3.1. Costs to be recovered through scheduled access charges.

3.1.1. The accessed carrier shall be entitled to recover the fixed costs of the access facilities which shall include:

(a) the prudently incurred non-traffic sensitive costs that the accessed carrier incurs in maintaining and operating the access facilities, plus, at the election of the accessed carrier, either:

(b) a return on the depreciated historical cost of the access facilities equal to the current nominal cost of capital for the railroad industry, as most recently determined by the Interstate Commerce Commission; or

(c) a return on the net liquidation value of the access facilities, determined in accordance with Interstate Commerce Commission regulations, equal to the current nominal cost of capital in the railroad industry.

3.1.2. The accessed carrier shall be entitled to recover from the accessing carrier prudently incurred traffic-sensitive costs that are caused by the use of the access facilities by the accessing carrier.

3.1.3. Depreciation for track and facilities shall be recovered by a method that accurately reflects the reduction in useful life of the asset caused by use and the passage of time.

3.1.4. A cost shall be considered prudently incurred if it does not exceed the price that would be charged by a third party for performing substantially the service or goods (or both).

3.2. Method of recovering costs

3.2.1. The accessed carrier shall recover its fixed costs for the access facilities through a schedule of shipper and commodity-specific access charges to be applied to traffic to and from each shipper whose traffic uses the access facilities. The access charge schedule shall be designed such that the total projected access charges on an annual basis will not exceed the accessed carrier's projected fixed costs for the access facilities. The schedule of shipper and commodity-specific charges should reflect the relative demand for use of the access facilities by the shippers and commodities using the line.

3.2.2. The accessed carrier shall recover the projected traffic sensitive costs associated with operations of the accessing carrier's trains over the access facilities by a traffic sensitive charge applied to accessing carrier's trains that reflects the costs caused by such operations.

W. Va. Code R. § 150-18-3