§10382. Duties; standing

(a) The Office of Rail Public Counsel-

(1) may petition the Interstate Commerce Commission to begin a proceeding on a matter within the jurisdiction of the Commission involving a rail carrier subject to this subtitle;

(2) may seek judicial review of Commission action on a matter involving a rail carrier providing transportation subject to this subtitle, to the extent, and on the same basis, that a person may seek judicial review;

(3) shall solicit, study, evaluate, and present before an informal or formal proceeding of the Commission, the views of those communities and users of rail transportation affected by a proceeding begun by, or pending before, the Commission, when the Director of the Office determines, for whatever reason (such as size or location), that any such community or user might not otherwise be represented adequately at the proceeding;

(4) shall-

(A) before the Commission and other departments, agencies, and instrumentalities of the United States Government when the policies and activities of any such department, agency, or instrumentality affect rail transportation subject to the jurisdiction of the Commission, evaluate and represent the public interest in safe, efficient, reliable, and economical rail transportation; and

(B) assist in constructively representing that public interest by other means;

(5) shall present the views of users, the general public, affected communities, and, when appropriate, providers of rail transportation in proceedings of departments, agencies, and instrumentalities of the United States Government related to-

(A) the impact of energy proposals and actions on rail transportation; and

(B) whether transportation policy is consistent with the energy policies of the United States Government;

(6) in carrying out its duties under clauses (1)–(5) of this subsection, shall assist the Commission in developing a public interest record in proceedings before the Commission; and

(7) shall carry out other duties conferred on the Office by law.

(b) The Office has standing as a party to any informal or formal proceeding that is pending or begun before the Commission involving a rail carrier providing transportation subject to this subtitle.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357 ; Pub. L. 96–258, §1(3), June 3, 1980, 94 Stat. 425 .)

The section restates the source provisions for clarity and consistency in the revised title.

This amends section 10382(a) to make technical and conforming amendments needed to add the new duty to the duties of the Office of Rail Public Counsel. The words "as well as" are omitted as surplus. The word "transportation" is substituted for "services" because of the definition of transportation in section 10102 of title 49.

Amendments

1980-Subsec. (a)(5). Pub. L. 96–258, §1(3)(A), (B), added par. (5). Former par. (5) redesignated (6).

Subsec. (a)(6). Pub. L. 96–258, §1(3)(A), (C), redesignated former par. (5) as (6) and substituted "clauses (1)–(5)" for "clauses (1)–(4)". Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 96–258, §1(3)(A), redesignated former par. (6) as (7).