B-147976, FEB. 28, 1964

B-147976: Feb 28, 1964

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TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27. THE CHARGES HAVE BEEN SETTLED IN ACCORDANCE WITH THE AUTHORITIES SHOWN ON THE BILL OF LADING. THIS LATTER POINT IS SHOWN IN THE FREIGHT TARIFFS AS TAKING DENVER RATES. THE CLAIM IS PREDICATED UPON YOUR CONTENTION THAT THE AUTHORITIES CITED ON THE BILL OF LADING REQUIRE. WE FEEL THAT WE HAVE CAREFULLY CONSIDERED ALL ASPECTS OF THE BASIC ISSUE AND HAVE FULLY EXPLAINED THE POSITION OUR OFFICE HAS CONSISTENTLY TAKEN IN DISALLOWING YOUR CLAIMS FOR ADDITIONAL FREIGHT CHARGES ON SHIPMENTS OF MATERIAL UNDER THE AGREEMENTS INVOLVED.

B-147976, FEB. 28, 1964

TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27, 1963, FILE 5 GB 27443, REQUESTING REVIEW OF OUR SETTLEMENT OF JUNE 22, 1962, TK 733469, WHICH DISALLOWED YOUR SUPPLEMENTAL BILL NO. 27443, PASSENGER, FOR $68.08, REPRESENTING ADDITIONAL AMOUNTS OF $13.77 AND $54.31 ALLEGED TO BE DUE FOR TRANSPORTATION FURNISHED THE ATOMIC ENERGY COMMISSION UNDER BILLS OF LADING AT 151218 AND AT 151221, ISSUED JUNE 8 AND 17, 1959, RESPECTIVELY, TO COVER IN EACH INSTANCE THE TRANSPORTATION OF "1 C/L TRAINING MATERIAL," FROM ALBUQUERQUE, NEW MEXICO, TO ROCKY, COLORADO.

THE MATERIAL MOVED IN GOVERNMENT-OWNED CARS USAX G-20 AND USAX G-23 IN PASSENGER TRAIN SERVICE AND THE FACT OF EACH OF THE BILLS OF LADING BEARS THE FOLLOWING NOTATION: "AUTH: JOINT MILITARY PASSENGER AGREEMENT SEC. 25 AND AEC SEC. 22 DATED JULY 1, 1951.'

THE CHARGES HAVE BEEN SETTLED IN ACCORDANCE WITH THE AUTHORITIES SHOWN ON THE BILL OF LADING, ON FIRST-CLASS LESS CARLOAD THROUGH FREIGHT RATES BETWEEN ALBUQUERQUE, NEW MEXICO, AND ROCKY, COLORADO. THIS LATTER POINT IS SHOWN IN THE FREIGHT TARIFFS AS TAKING DENVER RATES. YOUR CLAIM FOR $68.08 REPRESENTS CHARGES AT THE LOCAL RATE OF $1.02 PER HUNDRED POUNDS FROM DENVER TO ROCKY, IN ADDITION TO THE CHARGES PAID BECAUSE YOU SAY THE RATES CHARGED APPLY ONLY TO DENVER. THE CLAIM IS PREDICATED UPON YOUR CONTENTION THAT THE AUTHORITIES CITED ON THE BILL OF LADING REQUIRE, IN THE ABSENCE OF A THROUGH FREIGHT ROUTE IDENTICAL TO THE ROUTE ACTUALLY TRAVELED, THE USE OF A COMBINATION OF LOCAL FREIGHT RATES VIA THE PASSENGER ROUTE USED.

YOUR PRESENT LETTER EMBODIES ARGUMENT SIMILAR TO THAT SET FORTH IN YOUR LETTER DATED JANUARY 17, 1964, FILE 5 GB-27639. WE REPLIED TO THAT LETTER IN OUR DECISION TO YOU DATED FEBRUARY 11, 1964, B-149821 (COPY ENCLOSED). WE FEEL THAT WE HAVE CAREFULLY CONSIDERED ALL ASPECTS OF THE BASIC ISSUE AND HAVE FULLY EXPLAINED THE POSITION OUR OFFICE HAS CONSISTENTLY TAKEN IN DISALLOWING YOUR CLAIMS FOR ADDITIONAL FREIGHT CHARGES ON SHIPMENTS OF MATERIAL UNDER THE AGREEMENTS INVOLVED.

IN THE CIRCUMSTANCES, WE MUST SUSTAIN THE SETTLEMENT ACTION TAKEN ON YOUR BILL NO. 27443.