BROADCAST BULLETIN – August 15, 2005

BNSF ACTIONS CHOKING OFF SHIPPERS AND MARKETS

The COT auction is suspended for Aug-Sep-Oct, except for 1000 Oct singles.  The tariff lottery was 4860 cars in Aug 2004, only 600 cars for Aug 2005, and now suspended for Sep 2005.  In May of 2004 the BNSF moved 11,000 cars from COT to tariff.  Now it shuts down both programs.  This jerks the rug out from under shippers and markets.  Its legality can be questioned.

We have told BNSF it needs to restore adequate cars to these ordering programs for nearby and future months, and commit the power and other resources to give timely service.  Excuses of having over-committed elsewhere don’t cut it.  

A few words about shipment sizes:  The ND Grain Dealers Association has supported reasonable and consistent rate differentials between shipment sizes.  Rail customers who invest to make themselves and the railroad more efficient should receive a return on those investments, all of them, whatever size.  By law, not to mention the principle of not cutting off your customers’ and markets’ lifeline, all sizes of shipments are entitled to reasonable service.  Doesn’t matter whether those are shuttle trains coming from shuttle facilities or other shipment sizes coming from shuttle or nonshuttle facilities.  The current situation is not a shuttle loader vs. everybody else matter.  Shuttle loaders need other shipment sizes for important markets that need our grain.  These markets often pay premium prices that get back to farmers.

Bidding frenzy:  On Aug 3 BNSF auctioned five 26-car COT trains for November at $400+ per car over the tariff rate, an extra 12 cents per bushel.  On Aug 4 there were 858 bids for the 75 October single car COTs offered and the "winners" paid close to $400 per car over tariff rate.  That same day there were 668 bids for 45 November singles and the "winner" paid $419 over tariff.  BNSF reduces car supply and then reaps more and more profit as its desperate shippers bid up and up to book transportation.   In addition, this signals BNSF that even higher rates might fly.  This is not a market; it is a monopoly, and should be governed as such.   The secondary market is in the $400 and up range, with a couple reports of nearby freight trading up to $800 per car over tariff.  The secondary market in shuttles is also at high levels.  The secondary market is not BNSF’s, but BNSF car supply reductions create this bidding frenzy in it.

The 52-car wheat rate was first eliminated and then partially restored, but only westbound.  It will be at a wider spread to shuttles and narrower than traditional to 26s.  BNSF’s actions indicate it wants to eliminate 52-car shipping, not long ago that railroad’s optimum size.

BNSF’s mileage-based fuel surcharge program announced on Aug 9, effective Jan 1, is a step in the right direction. Wheat appears to receive significant benefit, which should be expected because wheat rates are higher than other commodities.  Preliminary analysis indicates substantially more relief could have been given to bring surcharges more in line with actual increased cost of fuel.  One member told NDGDA his surcharge will increase on corn and soybean shuttles going west.  One of BNSF's stated goals with this new mileage-based program is to collect as much total fuel surcharge as from the present rate-based program.   So minuses must be offset by pluses.   Wheat is not the enemy of corn.  The problem is surcharges exceeding actual increased cost of fuel.  This corn and soybean shuttle shipper was being overcharged before, is now, and will be with the new program.

Your Association has been in contact with BNSF, the Surface Transportation Board, Congressional delegation, Governor and PSC regarding these matters.   For those of you who want to make direct contacts, the following info will be useful:

BNSF Ag Products VP:  Kevin.Kaufman@BNSF.com  

STB Chmn Nober and other Commissioners can be contacted by fax 202-565-9013.  Emails are:Roger.Nober@stb.dot.gov    Douglas.Buttrey@stb.dot.gov    Francis.Mulvey@stb.dot.gov

The STB should be pushed to do something meaningful, especially about the shutdown of ordering cars.  The law says shippers are entitled to service upon reasonable request.  Why isn’t STB enforcing that?   The RR prohibiting requests is not a valid excuse. 

Our DC delegation, Governor and PSC are on our side, but should be kept informed by copy or directly.

ND Congressional delegation contacts:
Dorgan: Daphna_Peled@dorgan.senate.gov 

Pomeroy: Melanie.Rhinehart@mail.house.gov

Conrad:  Shawn_Ferguson@conrad.senate.gov       Jim_Miller@budget.senate.gov

Governor John Hoeven, (attn Lance Gaebe):  lgaebe@state.nd.us

ND PSC:  tclark@state.nd.us    swefald@state.nd.us    kcramer@state.nd.us

If you want to go to the Bush Administration, here’s contact info.

Norman Y. Mineta, Secretary of Transportation
U.S. Department of Transportation, 400 7th Street, S.W., Washington D.C. 20590

Mike Sommers, Special Assistant to the President for Food, Agriculture & Trade,
592 Eisenhower Executive Office Building, Washington, DC 20502,

Chuck Conner, Deputy Secretary of Agriculture      Chuck.Conner@usda.gov
Dale Moore, Chief of Staff for Secretary Mike Johanns     Dale.Moore@usda.gov
Fax to attn of Marlene Minix:  202-720-5314
Or write to one or both at:  USDA, 1400 Independence Ave., S.W., Washington, DC 20250.