On behalf of the Competitive Enterprise Institute (“CEI”), I respectfully submit these comments in response to the Surface Transportation Board’s (“STB”) Notice of Proposed Rulemaking regarding Petition for Rulemaking To Adopt Revised Competitive Switching Rules; Reciprocal Switching (“NPRM”). CEI is a nonprofit, nonpartisan public interest organization that focuses on regulatory policy from a pro-market perspective. CEI previously filed numerous comments in both the Ex Parte 711 and Ex Parte 705 proceedings.
Our comments develop the following points:
1. STB ignores legislative acquiescence to the anticompetitive conduct requirement; and
2. Eliminating the anticompetitive conduct requirement simply because anticompetitive conduct has not been found in three decades is arbitrary and capricious and contrary to the public interest.