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On Sept. 10, Surface Transportation Board will hear oral arguments concerning a rate-complaint case filed in December 2001 by Duke Energy Corp. against CSX Transportation.

Duke Energy is challenging the reasonableness of CSXT's rates to move coal from various mines in Virginia, West Virginia and Kentucky to electric-generating plants in Brice and Riverbend, N.C., and Pelzer, S.C. The utility claims CSXT has no "effective competition" from other railroads or transportation modes for the shipments.

Each party will have 45 minutes to summarize and highlight their positions, and answer questions posed by the board.

STB received opening evidence in May 2002; reply evidence in September 2002; rebuttal evidence in November 2002; and briefs in April 2003.