- 97 - duty.’” Id. at 7379, 99-1 USTC par. at 87,037 (quoting 1 Restatement, Contracts 2d, sec. 1 (1981); Black’s Law Dictionary 322 (6th ed. 1990)). The District Court then explained: A tariff is “a public document setting forth services of a common carrier being offered, rates and charges with respect to services and governing rules, regulations and practices relating to those services.” Black’s Law Dict. 6th ed. (1990) at 1456-57. * * * Tariffs set forth a description of the services that a particular regulated public utility provides, including the prices that customers may be charged for these services. Tariffs are reviewed and may be challenged by the regulating authority and consumers. Once effective, tariffs bind the customer and the utility to the tariffs [sic] terms. * * * Id. at 7381, 99-1 USTC par. 50,119, at 87,039. The court looked at the broad terms of the tariffs and concluded that the tariffs were not TRA section 204(a)(3) service or supply contracts. The court reasoned as follows: First, the court does not find that the tariffs are contracts under the normal definition of that term. However, even accepting arguendo that the tariffs are contracts, the court finds that these tariffs are not the type of contracts Congress contemplated under the ITC. The tariffs are descriptions of services offered and prices to be charged. They are terminable at will by the customers and * * * [the taxpayer] can modify them by filing a new tariff. The regulating authorities can revoke the certifications and levy fines. The tariffs are merely the rules with which * * * [the taxpayer] must conform if it chooses to conduct business in the particular jurisdiction. * * * [The taxpayer] may decide that it does not agree with the terms and may decide not [to] apply to provide its service in a particular jurisdiction. It would not be bound to do so. None of the tariffs require the purchase of property. None of the tariffs or related documents alone or together identify the property to the “contracts” or necessitate the purchase of thePage: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
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