Posts Tagged ‘Michelle Schultz’

STB Now at Five Members

January 12, 2021

The U.S. Surface Transportation Board now has its full complement of five members after Michelle Schultz took her seat on Monday.

It is the first time the Board has had five members since Congress approved a law in 2015 setting the membership at five.

Schultz, a Republican member, worked for the Southeastern Pennsylvania Transportation Authority, most recently serving as deputy general counsel.

Before joining SEPTA, she was an associate at White and Williams, representing businesses on financial matters, and also was a judicial law clerk for the U.S. Bankruptcy Court for the Eastern District of Pennsylvania.

Schultz earned a Master of Government Administration from the University of Pennsylvania; a Juris Doctor degree from Widener University School of Law; and a Bachelor of Arts from the Pennsylvania State University.

She is licensed to practice law in Pennsylvania and New Jersey.

Senate Confirms 2 STB Nominees

November 20, 2020

The U.S. Senate this week confirmed the appointments of Robert Primus and Michelle Schultz to the U.S. Surface Transportation Board, which brings the agency to its full authorized number of members.

The fourth and fifth members of the STB are expected to assume their posts shortly.

The STB is authorized by the 2015 Surface Transportation Board Reauthorization Act to have five members.

Current STB Chairman Ann Begeman’s term expires on Dec. 31 but by law she may remain in holdover status for up to 12 months.

However, she must leave the board if the president appoints and the Senate confirms her successor during 2021.

Begeman is in her second term on the STB and is seen by some Washington observers as unlikely to be renamed to the board.

Primus, a Democrat, was named to replace Democrat Deb Miller for a seat whose term expires Dec. 31, 2022.

Schultz, a Republican, will fill one of two new seats created by the 2015 law that had yet to be filled. She will serve a five-year term.

The term of Republican STB member Patrick Fuchs expires on Jan. 17, 2024 while the term of  Democrat Martin Oberman expires on Dec. 31, 2023.

The STB is expected next year to take action on a number of moves that have become bogged down due to the board being at less than full membership.

These include the method by which revenue adequacy is determined, including whether historical or replacement costs are to be used in computing a railroad’s investment base, and the method for estimating the equity portion of the railroad industry’s cost of capital.  

Also on the docket are matter of whether and how revenue-adequate railroads should be constrained in raising rates and how to simplify and make less costly the determination of reasonable rates where railroads are market-dominant.

Railway Age reported that this issue might be solved through agreement with the railroads that would avoid a post-decision judicial challenge.

The Association of American Railroads is considering proposing some manner of non-precedent-setting arbitration to decide all but major rate cases.

Other matters up for discussion and resolution include setting criteria for, and means to, providing competitive access at sole-served rail facilities; whether to eliminate paper barriers in line sale and line lease agreements that restrict short line railroads from interchanging traffic with competitors of the Class I railroad that sold or leased them the trackage; an appropriate formula for recovery of increased fuel costs; and whether previous regulatory exemptions should be withdrawn, given changed circumstances.”

Primus Nominated for STB Seat

July 23, 2020

Robert Primus had been nominated by the Trump administration to fill a Democratic seat on the U.S. Surface Transportation Board.

The 49-year-old career Democratic congressional staffer is expected to be paired on the Senate floor with Republican nominee Michelle A. Schultz, whose nomination has been stalled for three years pending the naming of a Democrat to fill one of the two vacant seats on the five-member board.

Current STB members are Republican Chairman Ann D. Begeman, Republican Patrick J. Fuchs and Democrat Martin J. Oberman.

The Senate Commerce Committee will consider Primus in a hearing that observers do not expect to be controversial.

Schultz was earlier recommended by the committee for confirmation.

Begeman, who controls the STB’s docket, is expected to hold any controversial cases until the two new members are seated.

However, Begeman’s term expires on Dec. 31 although she can remain in the post for another year pending confirmation of a successor.

2 Seats on STB Likely to be Filled in Early 2020

September 20, 2019

Two open seats on the U.S. Surface Transportation Board could be filled by early 2020, Railway Age reported this week.

The Trump administration is reported to be considering naming Robert Primus as a Democratic nominee to go with Republican Michelle A. Schultz.

Schultz was nominated two years ago but her confirmation by the Senate has been stalled until a Democrat was named to fill a seat that by law must go to a member of that party.

Primus, 49, is a career congressional staffer who was recommended by Senate Minority Leader Charles E. Schumer (D-New York).

If Primus and Schultz are nominated and confirmed, they would join current board members Republicans Ann D. Begeman and Patrick J. Fuchs, and Democrat Martin J. Oberman.

The STB regulates railroads transporting freight in interstate commerce.

Railway Age said the confirmation process for Primus and Schultz is unlikely to be completed before December.

Under current law the maximum number of STB members is five.

The seat that Primus would hold has an expiration date of Dec. 31, 2022. Schultz would fill a seat that would expire five years after her confirmation date.

Although STB members are nominated by party, the agency is independent of executive branch control.

The party controlling the White House is allowed by law to hold three of the five seats.

If nominated and confirmed, Primus would become the fifth African-American to serve among 114 regulators confirmed by the Senate to serve on the STB or its predecessor, the Interstate Commerce Commission.

Primus does not have a railroad or shipping industry but served on the staffs of two legislators well-known to the railroad community, the late Sen. Frank R. Lautenberg (D-New Jersey) and former Rep. Michael Capuano (D-Massachusetts).

He earned an undergraduate degree in marketing from Virginia’s Hampton University, and participated in the Senior Managers in Government program at Harvard.

His grandfather and great-grandfather were employed by the Southern Railway in North Carolina.

Schultz, 44, initially was nominated 2017 and again in January 2019.

The Senate Commerce Committee endorsed her nomination in July pending the naming of a Democrat to serve on the Board.

She is deputy general counsel for commuter railroad Southeastern Pennsylvania Transportation Authority.

Earlier in her career, Schultz was an associate with the Philadelphia-based law firm of White and Williams, dealing with bankruptcy and commercial litigation, and a law clerk with the U.S. Bankruptcy Court for the Eastern District of Pennsylvania.

She has an undergraduate degree in English from Penn State University, a master’s degree in government administration from the University of Pennsylvania, and a law degree from Widener University.

Railway Age said it has learned that shipper and railroad interests have told the Senate and White House that they have “no objections” to a Primus nomination.

STB Nominees Win Senate Committee OK

April 28, 2018

Two nominees for seats on the U.S. Surface Transportation Board were approved this week by the Senate Committee on Commerce, Science and Transportation.

The appointments of Patrick Fuchs and Michelle Schultz will now move to the full Senate for confirmation. If confirmed, each would serve a five year term on the STB.

Fuchs is a senior staff member working on surface transportation and maritime issues for the Senate Commerce Committee. He also has served as a policy analyst and Presidential Management Fellow at the Office of Management and Budget, where he managed railroad and maritime regulatory reviews.

Schultz is a deputy general counsel at the Southeastern Pennsylvania Transportation Authority. Before that, she was an associate with a Philadelphia law firm.

STB Nominees Seek to Be Neutral at Hearing

April 12, 2018

The two nominees for seats on the U.S. Surface Transportation Board appeared before the Senate Commerce Committee this week and sought to deflect pointed questions they were asked about STB policies.

Patrick J. Fuchs, a former Commerce Committee staff member, and Michelle A. Schultz, deputy general counsel for the Southeast Pennsylvania Transportation Authority, are Republicans who recently were nominated to STB seats by the Trump administration .

Among the questions was one by Roger Wicker (R-Mississippi) about Amtrak’s statutory right of preference over freight traffic.

“The law says Amtrak has preference over freight transportation using a rail line. You talked about statutory directives. Do you agree [preference] is a statutory directive?” Wicker asked. “In reality freight railroads have consistently denied such preference to Amtrak.”

Noting that a federal appellate court has struck down one effort to regulate on-time performance, Fuchs said, “Reasonable terms and conditions are case-specific, dependent on a particular route. “I would be hesitant to make a sweeping statement. I would evaluate any case that came before the board from a fair and open perspective.”

Both nominees in their prepared statements and in answers to questions sought to paint themselves as neutral and impartial.

“I believe both in the importance of the board’s responsibilities and in the power of market forces to achieve efficiencies and drive innovation and investment,” Fuchs said in his statement.

For her part, Shultz said that “because freight rail and intercity passenger rail serve an integral role in enhancing mobility within the United States, it is incumbent upon the Board to approach matters . . . in an impartial manner within the bounds of its jurisdiction and the law.”

2 Nominated for STB Seats

March 6, 2018

President Donald Trump has nominated Patrick Fuchs and Michelle Schultz to serve five-year terms on the U.S. Surface Transportation Board.

Both are Republicans and their appointments are subject to Senate confirmation.

If approved, they would bring the number of STB members to four with a fifth slot, which by law must be filled by a Democrat, still to be named.

Fuchs has worked on the staff the U.S. Senate Committee on Commerce, Science and Transportation.

A White House news release said that he worked on the development and enactment of major railroad legislation, including the first re-authorization of the STB since its creation in 1996, as well as the first passenger rail re-authorization in more than seven years.

Fuchs also served as a policy analyst and Presidential Management Fellow at the Office of Management and Budget, where he managed railroad and maritime regulatory reviews.

Schultz is a deputy general counsel at the Southeastern Pennsylvania Transportation Authority.

Before joining the agency in 2006, she was an associate with a Philadelphia law firm, and clerked for the Superior Court of Pennsylvania and the U.S. Bankruptcy Court for the Eastern District of Pennsylvania.