OAR 856-030-0000: Ratemaking — Substantive Elements

The Board shall for each pilotage ground, establish a rate structure that provides for efficient, economical, and competent pilotage services and fair compensation for pilotage services and expenses: (1) In determining the number of pilot positions needed and fair compensation for services and expenses, the Board shall consider: (a) The amount of activity, including number of vessels, number of pilot assignments, size of vessels by gross registered tonnage (GRT), length, and draft; (b) Any change in the amount of activity since the last rate order; (c) The public interest in prompt and efficient service; (d) The professional skills and experience required of a pilot and the difficulty and inconvenience of providing the service, including time necessary to perform the service; (e) Evidence of compensation for comparable maritime professions, including other state regulated pilotage associations; (f) Evidence of the economic and market conditions existing both locally and within the region of any pilotage association used for the purpose of comparison; (g) Total gross and net income for the pilots’ group since the last rate order, or as directed by the Board, including sources of income by tariff category; and (h) Individual amounts paid to pilots since the last rate order, or as directed by the Board, which may be shown as both gross and adjusted gross income, as reported for tax purposes. (2) For the purposes of subsection (1)(e) above, the Board shall at a minimum consider evidence of the compensation and benefits provided to pilots in pilotage associations serving Puget Sound and San Francisco. (3) In determining compensation for expenses the Board shall consider evidence of appropriate expenses related to the provision of pilotage services as shown by records of the pilots’ group, and verified by an independent audit. (4) In receiving evidence on any financial or economic issue, the Board or its hearings officer may require parties to submit independently audited or other financial records in order to hold all parties to a comparable standard of proof.