Mr. Nolan has provided research and support for the negotiation of long term coal and rail transportation contracts, including volume, term, and rate/price adjustment mechanisms. Audits included the review of fuel procurement costs of existing contracts, the forecasting of the present rates and charges, and the analysis of service standards in competitive and noncompetitive markets consisting of fuel producers, suppliers and end users. Procurement initiatives have included purchasing, management of inventory and equipment, and reconciliation of invoicing/waybills. He has presented alternative scenarios supported by tailored financial models developed to estimate cost reductions and savings through productivity measures and competitive pricing. Financial models focused on actual versus budgeted variances, revenue to variable costs of service relationships, cash flows, and break-even and sensitivity analyses.

Mr. Nolan has been involved in collecting and analyzing information needed: 1) to efficiently calculate rail costs utilizing the Surface Transportation Board’s (“STB”) Uniform Railroad Costing System (“URCS”); 2) to evaluate the impact proposed rail mergers will have on shippers; and 3) to determine the maximum rate a captive shipper should pay based on the STB’s constrained market pricing principles.

M. Nolan conducted various traffic, operating and cost studies using the STB’s waybill data and railroad supplied traffic data to quantify the impact the proposed acquisition of Conrail by Norfolk Southern and CSX Transportation will have on locations in the northeast portion of the United States.

In every major mail classification and rate design case since PRC Docket R90-1, Mr. Nolan has analyzed and supported the restatement of evidence related to the development of proposed rates and fees presented by the United States Postal Service and various interveners. Evidence on behalf of our clients included the quantification of costs realized through work-sharing initiatives and the advocacy of the realized cost savings passed through as rate discounts.

Mr. Nolan is responsible for designing and implementing computer software that catalogues and efficiently retrieves massive amounts of information included in the various litigation support data bases of L. E. Peabody & Associates, Inc. This software was tested, modified and currently is used in a number of major litigation proceedings involving contract disputes between electric utilities and either railroads or coal suppliers.