Timothy D. Crowley
PRESIDENT
PROFESSIONAL EXPERIENCE:
L. E. Peabody & Associates, Inc. (since 2002) -- Mr. Crowley developed, sponsored and managed both market place and litigation projects undertaken by L. E. Peabody & Associates, Inc. This work involves overseeing the gathering, review and evaluation of data from the major Class I railroads, the Surface Transportation Board (“STB”), the Federal Railroad Administration (“FRA”) and various other government and public sources. In addition, Mr. Crowley is responsible for the development of the transportation costs associated with the movement of all major commodities handled by rail to different industries located throughout the country.
Mr. Crowley also developed the return on road property investment realized by major western railroads for specific sections of rail. These studies were used in variable, avoidable, and stand-alone cost analyses. He developed economic models that forecast transportation revenues included in transportation contracts entered into by major railroad customers, taking into account the adjustment and fuel surcharge factors included in specific contracts. Additionally, Mr. Crowley reviewed virtually all major transportation coal contracts between eastern and western railroads and the major consumers of coal in the United States. The results of this review were presented to the Surface Transportation Board.
Mr. Crowley is intimately familiar with the STB's Simplified Standards For Rail Rate Cases issued in Ex Parte 646 (Sub No. 1). He performed extensive work with the revised Guidelines For Non-Coal Proceedings, which incorporates a three benchmark methodology. This methodology includes calculations using the Revenue Shortfall Allocation Method (“RSAM”), in which Mr. Crowley interfaced with members of the STB. Mr. Crowley also has extensive experience with the STB's full stand-alone cost procedures and simplified stand-alone cost procedures.
Mr. Crowley analyzed and developed cost based rate/price adjustment mechanisms used in long term and short term supply and transportation contracts. Mr. Crowley developed research on the various rate escalation procedures developed for and employed in transportation and supply contracts. His research has shown that application of 100 percent of the change in a price index to existing rate/price levels overcompensates carriers/suppliers for changes in costs.
Mr. Crowley designed and continually monitors economic models which forecast the change in inflation, prices and costs. These economic models forecast general economic indices, certain transportation related indices, certain coal production indices, railroads’ cost of providing service and producers’ cost of mining coal.
Mr. Crowley established and managed many large databases used to monitor and track railroad related data, including railroad infrastructure, railroad car and train movements and railroad costs and revenues.
Mr. Crowley is intimately familiar with the various formulas employed by the STB, including the Uniform Railroad Costing System (“URCS”). Mr. Crowley has developed variable costs for Class I railroads, various shortline railroads, for motor carriers and barge carriers.
Mr. Crowley presented expert testimony before the STB related to the development of variable costs, stand-alone costs and market dominance determinations.
Mr. Crowley composed and managed the gathering and manipulation of data originating at the Federal Energy Regulatory Commission ("FERC") and the Energy Information Administration (“EIA”). Specifically, these analyses include the development of the delivered costs of fuels to various utilities located throughout the United States. Mr. Crowley has extensive knowledge and experience with FERC and EIA data, which is utilized with a majority of L. E. Peabody & Associates, Inc.’s clients.
Mr. Crowley is also involved with Anti-Trust regulations and is familiar with procedures used in developing support for Anti-Trust litigation.
Mr. Crowley has experience evaluating numerous requests for proposal (“RFP”) from both Class I and shortline railroads for the transportation of various commodities via rail, i.e. coal, chemicals, etc. These RFP evaluations included economic, operational, and contractual obligations of the railroads with the goal of obtaining the best overall transportation package for the shipper.
Mr. Crowley also participated in field studies to develop the most economically viable transportation alternative to deliver coal. These studies involved developing the delivered cost of coal via barge to a utility located along a river versus constructing a bridge to develop alternate rail access. The field work included evaluating the ports along the river where the coal could be unloaded from rail to barge as well as evaluating the locks and dams along the river in which the barge would operate. Mr. Crowley also inspected the unloading facilities at the coal plant to analyze the most feasible options for receiving the coal. The study results included estimates of barge transportation rates, unloading facility costs, bridge and track construction costs as well as a cost benefit analysis to determine the best options available.
Previous Related Experience -- Mr. Crowley was employed by The Washington Redskins as summer intern in the marketing department in 2000. There he managed suite and club level clients and attended to daily operations at the stadium.
EDUCATION:
Mr. Crowley received a B.S., cum laude, in Management with a concentration in Finance from Boston College in 2001.
PROFESSIONAL ORGANIZATIONS:
Mr. Crowley is a member of the American Economic Association and the American Railway Engineering and Maintenance-of-Way Association.
