During Norfolk Southern Corp.’s fourth-quarter earnings conference held Jan. 27, senior executives mentioned a few dark clouds hovering over their 2010 business prospects, namely domestic coal demand and international intermodal traffic.
But Chairman, President and CEO Wick Moorman described what he characterized as the “biggest black cloud” on the horizon for NS and the entire rail industry: the threat of “unbalanced” legislative action.
Example No. 1 is positive train control (PTC) and the federal mandate that requires 30 U.S. railroads — including the Class Is — to adopt the technology on required lines by 2015’s end. The cost to comply with the mandate is staggering, Moorman believes.
“While the $40 million we're projecting for PTC capex this year did not force us to exclude any other critical items from our capital budget, it’s just an installment towards what will be a total expenditure of well over $700 million over the next five years,” he said. “For that expenditure of over $700 million, by the government’s own estimates, we will receive only $1 in benefit for every $22 spent. And that imbalance has risen as a result of the FRA’s proposed implementation rules, which would force us to extend the technology far beyond the legislative mandate.”
The upshot of the “ill-conceived, if well-intentioned and unfunded mandate” and the FRA’s final implementation rule is that it will force railroads to forego major capital expenditures in critical areas over the five-year period, said Moorman.
“And the result may well be less capacity than is required to handle traffic volumes, a diminished ability to provide good service, and even possibly a less-safe working environment than we might have had otherwise,” he said.
If PTC was the only thing to come out of Washington, D.C., it would be “bad enough,” said Moorman. However, railroads are facing the STB Reauthorization Act, which could significantly change the regulatory structure under which railroads operate.
“The bill which emerged from the Senate Commerce Committee at the end of last year was a disappointment to say the least, particularly given the dialogue that the industry had had with the commerce committee staff over the course of 2009,” said Moorman. “We are certainly not giving up on the process and we will continue to work with the commerce committee on changes, which will be essential if we are not to oppose the bill.”
Railroads also are working with members of both chambers “on both sides of the aisle” to explain how the bill needs to be modified to ensure it meets the needs of all parties — as well as fosters a healthy, robust national rail system, he said.
“At the end of the day, I believe that Congress will vote to encourage and expand our industry rather than consign it to the conditions we experienced in the dark days before the Staggers Act of 1980,” said Moorman.
Posted
02-04-2010 1:56 PM
by
Jeff Stagl