Keith Creel
Analyst · Barclays
Yes. Listen, I'm going to wait and let the regulator get into the weeds, but I'll stay at a high level as best as I possibly can. I think the simple answer is No, I don't think it changes the math. I think that I'm going to give credit where credit is due. I think it's a few steps forward in a positive direction versus where they were. I think it at least signals a bit of a realization that kind of their railroad empire building plans are going to have to bring more to the table to even be considered as a prime official case. I think that's important. I think they did address and kind of back to what Steve said, I missed this point. They did address our concerns relative to undue control in the KCT terminal as well as the TRRA. So I think them for taking that seriously and addressing that. But outside of that, the problems that were there before, and I kind of look at it this way. I look at a lens, some would say I'm biased, I would say I'm biased by experience. I have navigated and I was shaped by the experience that we went through in our own merger application and process. The knowledge that we gained navigating the merger process of the rules, the regulations, the statutes, the old rules, the new rules, coupled with the knowledge of how -- in our experience, how I read the rules and interpret the rules, which has been truly shaped and impacted by how the STB members have done the same. And going back and reading the context of why the rules are written, going back and reading the hearings, going back and listening and thinking and reflecting on Linda Morgan's words, it's the lens that matters when you interpret these facts. And then finally, the last lens I look at is kind of the applicants, the behavior. Past present, future, integration history, day-to-day, anticompetitive behavior or not. Is this an entity that when they present their facts to the customer, present their facts to the railroads, present their facts to the counterarguments to the regulator, is it as they say? Or is it as they believe? There's often a difference in that. Year truth, my truth and the truth. And I think this regulatory body is going to get to the truth. And the truth says these facts are problematic. What was true before their supplemental submission is significant reduction in competitive options. Their enhancement to CGP is some movement, I'll give them that, but it's temporary, and it's not inclusive. So if it's needed at all, is it not needed forever? If it's needed to solve a formula that says you must enhance competition, just stating your long-term solution to enhance competition, defining it as single-line service, if you go back and read the regulations and the hearings, that is not enough. Those are my words, that's one of the Morgan's words. It's important, but it's not the only sole solution, and it will not solve enhanced competition in and of by itself. Again, her words, not my words. Still create significant monopolistic like, those are my words, market concentration, still and now even more significant operational risk because now we've got the J in play, still significant concerns about anticompetitive behavior, past and present. And I don't think any of us would argue the ball about eventual consolidation, if this merger gets approved, that voter is rolling. It. If you read the application, the supplemental, read Jim's letter, I mean, if I've ever read a letter that said, not only is this one good, the second one is better. It's great for America. We need to go to and serve the public's interest in America, we need to be a 2 rail network operation. That's it. And I've had a shutter thinking about that as a human as a consumer. I was reminded of the way of this decision yesterday afternoon when I went home, and I looked at my phone, and it's kind of topical because I give Jim credit, he uses a lot of analogies about flying to Chicago and airlines and direct flights. And when I read American Airlines grounded. -- system-wide regional airlines, mainline airlines, nobody can move. What about a world when only an American or United exists? And 1 of the 2 is grounded. What happens? That's mass chaos in airlines. Now apply that same solution to railroads. You've got one railroad that handles 40% of every move. And forget about the misleading comments about GTMs and worth the saying, come on. A heavily weighted railroad that moves a lot of grain and coal, their GTMs are going to be naturally more than a railroad weighted more to intermodal. News alert, a coal car and a grain car weighs a whole lot more than, say, 10 or 11 intermodal cars. So that's misleading. It's 43 states. In Jim's perfect world or UP's perfect world, it's 2 railroads. One of the 2 or both of the 2 because of a computer glitch gets grounded, that is too big to fail. And I can talk to each of you all day long and perhaps some of you ask and answer, I'm not going to convince you, but that's okay. I don't need to convince the STB. This STB body, and I know from experience, they understand the gravity of this decision. They understand those regulations better than any of us do. They understand the intent and they understand their mandate. And they have the authority to make the right decision. They have the independence to wait the facts. So again, I'll say this. If you're a shipper, if you're a concerned party that's going to comment, pay attention to what's going on. Don't get read down a false narrative. Do your math, do your own homework, form your own opinions and file your comments, state your facts because that's ultimately what the record is going to be decided upon. And if those facts are known and understood, nothing that you see just submitted changes it. The problematic facts, they lead us to a place that is not in the best interest of the public, not in the best interest of this network. That's the way I feel. That's what I believe based on my lens.