B-149821, MAR. 29, 1963
Highlights
TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 27. WE HAVE COMPLETED OUR REVIEW THE PAYMENT RECORDS RELATING TO YOUR CLAIM AND. WAS CONSIGNED TO AND UNLOADED AT KILLEEN. THAT ADDITIONAL TRAINING MATERIAL WAS LOADED AT THAT POINT FOR DELIVERY TO ROCKY. WE HAVE RETURNED THE SHIPPING RECORDS TO OUR TRANSPORTATION DIVISION FOR THE ISSUANCE OF A REVISED SETTLEMENT USING A COMBINATION RATE VIA KILLEEN. WE BELIEVE THAT NOT ALL OF THE AMOUNT CLAIMED IS PROPER FOR PAYMENT. IT IS PROVIDED THAT THE CHARGES IN PASSENGER TRAIN SERVICE WILL BE THE SAME AS THOUGH THE SHIPMENT MOVED IN REGULAR FREIGHT TRAIN SERVICE. SINCE DENVER IS UNDERSTOOD TO BE THE BASING POINT FOR THE RATES TO ROCKY.
B-149821, MAR. 29, 1963
TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 27, 1962, FILE 5GB-27639, IN WHICH YOU REQUEST REVIEW OF THE BASIS USED IN THE DISALLOWANCE OF YOUR CLAIM FOR $214.10 IN ADDITIONAL FREIGHT CHARGES ON THE TRAINING MATERIAL TRANSPORTED UNDER BILL OF LADING AT-151617, DATED OCTOBER 23, 1959.
WE HAVE COMPLETED OUR REVIEW THE PAYMENT RECORDS RELATING TO YOUR CLAIM AND, BASED ON THE ADDITIONAL MATERIAL MOVING FROM ALBUQUERQUE, NEW MEXICO, WAS CONSIGNED TO AND UNLOADED AT KILLEEN, TEXAS, AND THAT ADDITIONAL TRAINING MATERIAL WAS LOADED AT THAT POINT FOR DELIVERY TO ROCKY, COLORADO, WE HAVE RETURNED THE SHIPPING RECORDS TO OUR TRANSPORTATION DIVISION FOR THE ISSUANCE OF A REVISED SETTLEMENT USING A COMBINATION RATE VIA KILLEEN, TEXAS.
HOWEVER, WE BELIEVE THAT NOT ALL OF THE AMOUNT CLAIMED IS PROPER FOR PAYMENT. AS STATED IN THE FOURTH PARAGRAPH OF YOUR LETTER, UNDER THE SECTION 22 QUOTATION ISSUED TO THE ATOMIC ENERGY COMMISSION TO BE EFFECTIVE ON JULY 1, 1951, THE PARTICIPATING CARRIERS AGREE TO TRANSPORT THE TRAINING MATERIAL AT THE SAME RATES AS THOSE APPLYING ON MILITARY IMPEDIMENTA, AND UNDER SECTION 25 OF JOINT MILITARY PASSENGER AGREEMENT 29, IT IS PROVIDED THAT THE CHARGES IN PASSENGER TRAIN SERVICE WILL BE THE SAME AS THOUGH THE SHIPMENT MOVED IN REGULAR FREIGHT TRAIN SERVICE. SINCE DENVER IS UNDERSTOOD TO BE THE BASING POINT FOR THE RATES TO ROCKY, COLORADO, UNDER NATIONAL RATE BASES TARIFF 1-A, I.C.C. 4211, THE ADDITIONAL CHARGES CLAIMED BEYOND DENVER, COLORADO, APPARENTLY ARE NOT FOR APPLICATION, AND CANNOT BE ALLOWED.
REGARDING THE OTHER SETTLEMENTS WHICH ARE NOT SPECIFICALLY IDENTIFIED IN YOUR LETTER, WE ARE ENCLOSING FOR YOUR INFORMATION A COPY OF OUR DECISION OF OCTOBER 19, 1962, B-148393, TO ANOTHER CARRIER, CONCERNING SOMEWHAT SIMILAR SHIPMENTS.
A REVISED NOTICE OF SETTLEMENT WILL BE ISSUED TO YOUR COMPANY AND SHOULD BE RECEIVED BY YOU IN DUE COURSE.