DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES PUBLIC SERVICE COMMISSION INFORMAL REPARATION DOCKET CASES BEFORE COMMISSION(By authority of Act No. 300 of the Public Acts of 1909, being S462.2 etseq. of the Michigan Compiled Laws)R 460.1 Application for reparation. Rule 1. The commission will entertain claims for applications forreparation, if filed with it within 2 years after the delivery of anyshipment of freight at destination, under an informal docket when suchapplications are presented to it by the carrier, or carriers, whichparticipated in the transportation of the property in which it is admittedthat the rate charged was irregular or exorbitant, and supports suchadmission by a statement of the facts and uses as a basis for adjustment,a tariff which was subsequently published naming a rate lawfullyapplicable via the route over which the shipments moved. (See R 460.2.) History: 1944 AC; 1954 AC; 1979 AC.R 460.22 Informal reparation. Rule 2. Informal reparation will be allowed in the following cases: (a) Reparation on account of error in publishing rate. (b) Reparation on account of the reestablishment of a rate formerly ineffect, which rate was unintentionally omitted in a reissue of a tariffand the cancellation of which was overlooked when shipments moved. (c) Reparation on account of rate or charge as assessed (which rate waslawful at time shipment was moved), which rate is admitted by the carrieror carriers to be irregular or exorbitant, and should not have exceededthe rate subsequently established via the same route over which the ship-ments involved moved. (NOTE: Reparation will be allowed on thisaccount only when the subsequently published rate was established tomeet new traffic conditions, or circumstances, which the rate as assessed did not take into account or contemplate. This should not beconstrued to include cases in which a rate is reduced simply to meet competition or another carrier. Any regulation or rule which is usedin connection with a rate or charge may be used as a basis for refundin informal reparation cases when such refund is sought on account ofconditions or circumstances as outlined in subdivisions (a), (b), and(c) of this rule.) History: 1944 AC; 1954 AC; 1979 ACR 460.3 Application for informal reparation; form. Rule 3. All applications for informal reparation must conform to thecommission's standard form in such cases. History: 1944 AC; 1954 AC; 1979 AC.R 460.4 Extension of principle upon which informal reparation order based. Rule 4. When an informal reparation order has been made by thecommission, the principle upon which it is based shall be extended to alllike shipments, but no refunds shall be made upon such like shipmentsexcept upon specific authority from the commission therefor. History: 1944 AC; 1954 AC; 1979 AC.R 460.5 Reparation award; assignment. Rule 5. In awarding reparation, the commission will recognize anassignment by a consignor to a consignee or by a consignee to a consignor. History: 1944 AC; 1954 AC; 1979 AC.R 460.6 Order for refund. Rule 6. The commission's order for refund on account of a reduced rateor changed tariff regulation will require the maintenance of such rates orregulation for at least 1 year as a maximum from the date on which therates or rules sought to be applied became effective except that whenrefund is made, on account of error in publishing a rate or rule, thecommission's order will not carry the 1-year clause. (NOTE: Attention iscalled to the fact that where carriers and shippers cannot agree in claimsinvolving informal reparation, it is necessary under the statute in casethe aggrieved person desires to submit the claim to the commission foradjustment, that the complaint be filed with this commission within 2years after the delivery of the freight at destination.) History: 1944 AC; 1954 AC; 1979 AC.R 460.7 Applications; forms. Rule 7. Applications on the commission's informal docket shall be madein the following form and all the requirements of this form must becomplied within in every case: INFORMAL DOCKET NO.______________________________ Complaintant's No. ________________ Complaintant ____________ Co. Claim No. ________ vs. ____________ Co. Claim No. ______________________________________ ____________ Co. Claim No. ______________________________________ Request for authority to pay $_____ DefendantTo Michigan Public Service Commission: The _______________________________________________________ companyrespectfully requests an order herein authorizing the payment to theabove-named claimant, of ________________________, state of ____________,of the sum of _________________ dollars ________ ($__________), as specialreparation in connection with the following shipment:Commodity ________________________________________________________________Number of shipments or carloads____________, aggregate weight ____________From ____________________________________ to _____________________________ (Point of origin) (Destination)Consignor ________________________ Consignee_____________________________Bill of lading issued by _____________________ Co., at ___________________ (Use initials)Date __________________, 19_______. Shipment moved as follows:_____________ Co., from ____________ to ____________, via _____________________________ Co., from ____________ to ____________, via _____________________________ Co., from ____________ to ____________, via ________________Aggregate freight charges actually collected, $______, date paid____, 19__By whom paid to carrier_______________ Date of delivery ____________, 19__Give reference to previous cases which involved the same rate situation ____________________________________________________________________________(If combination rate legally applicable, show each factor thereof.) tonRate legally applicable ____ per or ____ carload min. ____ for ___ ft. car cwt.Tariff authority_________ M.P.S.C. No.______, page______, effective_______Rate sought ton carloadTo be applied __________per or _________min wt.________for________ft. car cwt.Tariff authority__________M.P.S.C. No.______, page______, effective_________________________________________________________________________________Aggregate freight charges at claimed rate would be $_______________. (Insert here such explanation as the case may require. If shipment wasreconsigned, state date of reconsigning order, point of reconsignment, andtariff authority for reconsignment. If shipment was misrouted by carrier,state routing instructions given by consignor, and the proper route indetail; with specific admission that misrouting was caused by carrier'sagent.)_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ It is admitted that the rates or rules legally applicable at the timeand over the route shipment moved were, under all circumstances andconditions then existing, irregular and exorbitant. It is agreed that the order of the commission authorizing refund hereinmay require that the published tariff rates and rules upon whichadjustment is based shall be maintained (as maximum) for a period of notless than one year from the date on which the rates or rules sought to beapplied became effective. The undersigned who makes this application in the name of his companycertifies that he has familiarized himself with all the facts and figuresupon which this application for reparation is made and knows the same tobe correct. Respectfully submitted, __________________________ company Defendant______________, ______________, By ____________________________________ (City) (state) (Personal signature)_____________________, 19_____ Its ______________________________The undersigned companies join in the foregoing application: __________________________ company Defendant By ____________________________________ (Personal signature) __________________________ company Defendant By ____________________________________ (Personal signature) The foregoing application must be personally signed by an executive or general officer of the accounting or traffic department, and not a subbordinate. I, ________________________, have carefully read the foregoingapplication and certify that the facts as therein set forth have beenverified by a check against the accounts affected as audited under mydirection, and I now certify that the records of this company show: 1. That the aggregate weight was __________ pounds. 2. That the aggregate freight charge actually collected and retained was$ ________. 3. That the amount of the refund to which the above-named complaintantis/are entitled, on the basis of the reduced rate, is $__________ and thatthe present weight is $_______ per ton/cwt. 4. The attached statement of billing, exhibit 1, corresponds to thechecked billing of the auditing department. __________________________________ (Personal signature) ___________________________________ (Comptroller or general auditor) This certificate must be personally signed by the comptroller or the accounting officer in charge of freight revenue accounts, and not by asubordinate. The foregoing certificate by the accounting officer of the applicantcarrier must be used in every case and must show the aggregate charges onthe shipments. But if the charges, or part of the charges were collectedby another carrier or carriers, the following certificates will also beused, and in that event the above certificate, so far as the chargescollected are concerned, will be understood to be based on and qualifiedby the assumed correctness of the following certificates. If the applicant carrier did not collect the freight charges, thecarrier which made the collection will use the following supplementalcertificate; and if a third carrier collected part of the charges, thespecial certificate will also be used, and the supplemental certificatewill be understood to be based on and qualified by the assumed correctnessof the special certificate. SUPPLEMENTAL CERTIFICATE I, ___________________________________, the ____________________ of the______________________________ Rail __________ company, have carefullyread the foregoing application and now certify that the records andaccounts of this company, as audited under my direction, show: 1. That the aggregate weight was __________ pounds. 2. That the aggregate freight charge, actually collected and retained,was $_________. 3. That the attached statement of billing, exhibit 1, corresponds to thechecked billing of the auditing department of this company. __________________________________ (Comptroller or general auditor) This certificate must be personally signed by the comptroller or the accounting officer in charge of freight revenue accounts, not by asubordinate. When a carrier, other than the applicant and not the carrier using thesupplemental certificate, has collected any part of the charges, thefollowing special certificate will also be used: SPECIAL CERTIFICATE I, ___________________________________, the ____________________ of the______________________________ Rail __________ company, have carefullyread the foregoing application and now certify that the records andaccounts of this company, as audited under my direction, show: 1. That the aggregate weight was _______________ pounds. 2. That additional freight charges were collected by this company to theamount of $___________, no part of which has been refunded. __________________________________ (Personal signature) __________________________________ (Comptroller or general auditor) This certificate must be personally signed by the comptroller or the accounting officer in charge of freight revenue accounts, not by asubordinate. COMPLAINANT'S CERTIFICATE I hereby certify that charges of $_______________ on the shipmentsinvolved herein were paid and borne as such by______________________________ Co., and by no other. By _____________________________ Its__________________________________. Subscribed and sworn to before me this_______day of_______, A.D. 19___.(Seal) Notary Public_____________________________________________________________________________________ Instructions--Read carefully 1. Under section 10G of Act No. 300, Public Acts of 1909, as amended,and as interpreted by the commission, all claims for reparation areabsolutely barred if not filed within 2 years from the date property wasdelivered. 2. This application should be accompanied by the original paid freightbills, which will be returned by the commission after the claim has beenacted upon. 3. The commission will authorize payment only to the party who paid andbore the charges and not to an assignee. Where the application is forauthority to refund to the consignee when the paper shows that the chargeswere paid by the consignor, or vice versa, the commission requires that astipulation be filed with the application signed by the consignor, by theconsignee, and by an executive or general officer of the carrier insubstantially the following form: Title. (Here insert names of complainant and defendants as inapplication to which stipulation relates.) The undersigned _________________________, the consignor of thefollowing described shipments (here insert date, car number, commodity,and points of origin and destination) and _______________, the consigneethereof, and the undersigned ____________________ Rail____________________ Company, stipulate and agree that any order enteredin the above-entitled informal complaint for a refund on account of theexcessive freight charges collected on said shipment shall be in favor of(here insert name of consignor or consignee, as case may be). ____________ (Signature of cosignor,)_____________ ____________ (Signature of cosignee,)_____________ _____________ Rail _____________ Co.______________ By _______________________________________________ Its ______________________________________________ History: 1944 AC; 1954 AC; 1979 AC.