Carrier's Claims Involving Deductions for Overcharges

A carrier requested review of the disallowance of two claims involving agency deductions for overcharges. The agency's calculations were based on the combined use of the carrier's individual Tender 150 and group Tender 1-W. Tender 150, which incorporates by reference certain rules, exceptions, and charges in Tender 1-W, does not disclose the intention of combining the excess-distance rate factor in Tender 1-W for the purpose of computing line-haul rates on distances in excess of 3,000 miles. Tender 150 shows the intention of denying the operation of other rules omitted from incorporation, and there is no ambiguity in the language. In settling the claims, the agency should not allow upward revision over the original bill paid to the carrier more than 3 years previously.