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Capabilities and
Experience of
Tom O’Connor
Snavely King Majoros
O’Connor & Lee
1220 L St. NW
Washington DC
20005 |
This section sketches some of the
highlights of my background and strengths, focusing on experience in the
following areas:
- Rail Cost Methodologies
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Network planning and design
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Litigation and arbitration
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Negotiations
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Operations analysis
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Analysis of rail operations including
mergers and divestitures
The
presentation of capabilities is developed in four principal parts:
- Attachment I, which includes my resume, covers
the broader range of assignments.
- Attachment II sketches my litigation experience,
including a brief summary of the cases in which I have testified.
- Attachment III summarizes some of the projects I
have led or participated in
- Attachment IV provides a list of some of our
clients over the years
In each of these four components, rail
transportation and rail cost analysis is one of the prominent themes.
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Attachment I
Resume of
Tom
O’Connor
Vice
President
Snavely King Majoros
O’Connor & Lee, Inc.
1220 L St NW
Washington DC 20005
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Snavely King Majoros
O’Connor & Lee, Inc., Washington, DC
•
Vice President (1988-Present)
Mr. O'Connor has more than
twenty-five years experience in business and economic analysis. His
experience includes key and increasingly responsible management and policy
positions with government agencies and private industry.
Mr. O’Connor has
authored a series of guidelines on transportation negotiations and contracting
and has conducted transportation negotiations and contracting seminars for a
wide range of clients. Mr. O’Connor has also designed and helped lead
transportation contract negotiations resulting in tens of millions in cost
savings.
Mr. O’Connor has also appeared as an expert
witness in successful coal rail rate litigation, achieving millions of dollars
in savings for the client.
He has served many clients as an expert advisor
on the Rail cost Adjustment Factor (RCAF).
He has also created and
managed numerous computerized management and regulatory systems to address
complex problems and is a widely recognized expert on costing and economics.
He has conducted analyses of
tug and barge operations, both inland and off shore, for governmental and
private sector clients.
Mr. O’Connor has conducted
analyses for the Government of Canada used to shape policy for freight
transportation and studies for the U.S. Government used to shape Freight and
Passenger Transport Policy, including in depth analyses of Amtrak.
For the Government of
Bulgaria, in the Balkans, he developed the Master Plan for Management
Information Systems, including telecom and computer facilities designed to
operate, measure, manage and monitor both rail freight and rail passenger
operations of the Bulgarian State Railways, in Bulgaria and the Balkan
Peninsula.
Mr. O'Connor
has analyzed more than 45 rail merger scenarios and cases. He has provided
expert testimony before state and federal courts and commissions in the U.S.
and Canada on economic and policy issues. He has also testified as an expert
on computerized transportation analytical systems, rail operations, anti trust
issues and transportation economics and costing. Mr. O’Connor has served as
an impartial and expert monitor of data and processes at issue in litigation
on transportation.
Mr. O’Connor
has also conducted management audits, focused on identifying the cause and
effect relationships underlying claimed cost incidence. The management audits
were directed toward testing the cost basis of claims asserted by major
railroads.
Mr. O’Connor also has experience in telecoms spanning the
period since 1995. During this period, on a succession of government and
commercial projects, Mr. O’Connor directed and participated in the review,
design and operation of telecoms systems.
He also
designed and developed the business and operations plan for an Eastern
European telecoms startup company, BDZCOM. Mr. O’Connor designed and
presented the plan and conducted liaison with international commercial,
banking and government interests in the United States and Europe.
DNS
Associates Inc., Washington, DC
•
Vice President (1982 - 1988)
Mr. O'Connor
directed and participated in numerous projects including merger analyses,
transportation infrastructure analyses, plant and network rationalization and
feasibility studies.
He designed and
implemented mainframe and microcomputerized systems for analyzing rail, truck
and barge logistics. The computerized cost systems Mr. O'Connor created are
in widespread use throughout the United States and Canada.
Mr. O'Connor
also advised the U.S. Rail Accounting Principles Board (RAPB) on the costing
aspects of regulatory reform policies. The RAPB mission included advising
the ICC as to the inclusion of productivity in the RCAF.
He provided
expert testimony on coal rates, computerized data bases and cost systems and
rail cost issues before the Interstate Commerce Commission.
Association
of American Railroads, Washington, DC
•
Assistant Vice President, Economics (1979 -
1982)
Managing a
large staff of professionals, Mr. O'Connor designed and managed major economic
analysis projects. He helped formulate industry economic policy positions
culminating in the Staggers Rail Act of 1980. He submitted expert testimony
on behalf of the railroad industry in numerous cases before the Interstate
Commerce Commission and state regulatory commissions. He also appeared
regularly in national forums on economic issues.
Mr. O’Connor
directed the most significant computerized industry Costing System project in
40 years, URCS, the cost system now used by all major US railroads. Mr.
O’Connor’s staff was responsible for development of the Rail Cost Adjustment
Factor (RCAF). He also conducted industry seminars on URCS and related
economic issues.
Mr. O'Connor
also testified before the Interstate Commerce Commission on the design and
application of the pathbreaking URCS rail cost system since adopted by the
Commission and the rail industry.
He also
directed development and installation of a commercial computerized economic
and market analysis system now used by virtually all major US railroads.
Consolidated
Rail Corporation, PA
•
Assistant Director, Cost & Economics (1977 -
1979)
Managing a
staff of about 30 professionals, Mr. O'Connor was responsible for all Conrail
management and regulatory cost analyses in both freight and passenger areas.
He testified before the ICC on the development of subsidy standards now widely
used in the US railroad industry.
He also
finalized the design, installed and managed Contribution Simulator and
Calculator (COSAC), a computerized internal management economic analysis
system at Conrail. The COSAC system uses specific management accounting data
to develop economic costs. COSAC replaced earlier systems and was used to
guide virtually all transportation management decisions, including competitive
market initiatives, consolidations, line abandonments and service
discontinuance.
Mr. O'Connor
also participated in cost allocation negotiations between Amtrak and Conrail
on cost sharing of joint facilities on the North East corridor. He initiated
and directed profit maximization and plant rationalization programs. He also
designed and implemented computerization and improvement of a wide range of
economic and cost analysis systems used to manage and turn around this
multi-billion dollar corporation.
R.L. Banks &
Associates Inc., Washington, DC
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Consultant (1976 - 1977)
Mr. O'Connor
conducted and directed numerous transportation- related projects in the U.S.
and Canada ranging from national logistics analyses to site-specific studies.
He specialized in costing systems and appeared as an expert witness on such
systems in a precedent setting proceeding before a Canadian Crown Commission.
U.S. Railway Association, Washington,
DC
•
Manager, Local Rail Service Planning (1974 -
1976)
In a project of
unprecedented scope and historic impact, Mr. O'Connor developed, computerized,
and implemented the light density lines cost analysis system, which defined
Conrail.This system was used to reach asset disposition and line service
decisions for thousands of miles of railroad.He served as liaison with
congressional staffs and shipper groups, as well as federal, state, and local
governments, and planning agencies.The system he created was a major element
in the design and implementation of the streamlined Midwest-Northeast regional
rail system.Mr. OConnor subsequently appeared as an expert witness to
present and defend the operation of the USRA costing system.
Interstate
Commerce Commission,
•
Economist, Washington, DC (1973-1974)
Mr. O'Connor
served as a staff economist and authored a report analyzing industry
investment patterns and ICC regulatory policy, including ICC use of cost
evidence.
 Education
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University of Massachusetts, Amherst, B.A.
Economics
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University of Wisconsin, Graduate Course Work,
Economics
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University of Delaware, Graduate Course Work,
Business Management
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The American University, Graduate Course Work,
Computer Science
Professional Organizations
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Transportation Research Board
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Past Chairman of the Transportation Regulation
Committee
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Transportation Research Forum
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Past President of the Cost Analysis Chapter
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National Defense Transportation Association
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Past Member of Board of Directors, National
Capital Chapter
Academic honors
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Phi Kappa Phi academic honors society
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Phi Beta Kappa academic honors society
Military
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U.S. Army; Sergeant, Combat Engineers
Security Clearance
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Attachment II
Summary of
Expert Testimony
of
Tom
O’Connor
Vice
President
Snavely King Majoros
O’Connor & Lee, Inc.
1220 L St NW
Washington DC 20005 |
Tom O’Connor is Vice-President of Snavely King
Majoros O’Connor & Lee (Snavely King), an economic and management consulting
company. He has been engaged in the business of economic analysis for more
than twenty-five years, beginning in 1973 as an economist with the Interstate
Commerce Commission (now the Surface Transportation Board) and later in
economic consulting and management positions of increasing responsibility with
the United States Railway Association, Conrail, the Association of American
Railroads and, from 1982 through 1988 with DNS, Associates and since 1988 with
Snavely King Majoros O’Connor & Lee, (Snavely King), an economic and
management consulting company focusing on telecommunications and
transportation. Mr. O’Connor was Vice President at DNS Associates and has
been Vice President and principal of Snavely King since joining the firm.
He has
provided testimony in a number of proceedings before courts and regulatory
commissions in the United States and Canada including:
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Interstate Commerce Commission
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Surface Transportation Board
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United States Railway Association
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Regulatory Commission in New York
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Regulatory Commission in Indiana
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State Court in Indiana
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Regulatory Commission in Pennsylvania
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State Court in Montana,
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State Court in Virginia
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Arbitration Panel in New York
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Mediation Panel in Massachusetts
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Mediation Panel in Washington DC
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Canadian Crown Commission.
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US District Court for Eastern District of
Virginia
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US District Court for Arizona
Tom O’Connor’s
practice centers on transportation with specific focus on negotiations and
infrastructure issues including rationalization and redesign of the railroad
infrastructure in the US as well as rebuilding of the railway infrastructure
in Eastern Europe.
Mr. O’Connor’s work in Eastern Europe focused on both
transportation and telecommunications.
Tom
O’Connor Testimony in Federal Regulatory Cases
- The comparative merits of the Interstate
Commerce Commission’s Uniform Rail Costing System (URCS) and Cost Center
Accounting submitted to the ICC on behalf of the US Railroad industry in
February 1980 in Docket No. 37203.
- The economics and computer technology of the
Light Density Line Methodology used to define Conrail, submitted to USRA
before a special hearing in 1980.
- Computerized transportation database design
and use. Verified statement was submitted to ICC on behalf of the US
Railroad industry in Nov 1980 in Ex Parte No. 385.
- The comparative merits of two regulatory
rail-costing systems, URCS and the predecessor rail costing system, Rail
Form A, submitted to the ICC on behalf of the US Railroad industry in March
1981, in Ex Parte 399.
- Testimony on the Preliminary 1979 Rail Cost
Study as released by the ICC, calling for adopting and improving URCS. This
was submitted to the ICC on behalf of the US Railroad industry in Docket No.
37203 in February 1982.
- Rail costing using Rail Form a costs applied
to service units generated by a computerized rail network model. This
verified statement was submitted to the ICC on behalf of a shipper located
in Nevada in July 1985 in ICC Docket Nos. 37809 and 37815S.
- Rail costing, also using Rail Form A costs
applied to service units generated by computerized network model. This
verified statement was submitted to ICC on behalf of a shipper located in
Nevada in November, 1986 in Docket No. 37809, 37815S.
- Stand Alone Rail Costing, for use in rate
reasonableness, using service units developed with a series of computerized
network model. This verified statement was submitted to the ICC on behalf
of the Association of American Railroads in September, 1988 in Docket No.
38239S
- Rail merger conditions, developed using rail
costs and a computerized network model. This verified statement was
submitted to the ICC in March 1994 in Finance Docket No. 21215 (Sub. No. 5)
- The effects of computerized methods on rail
operations and costs. This verified statement was submitted to the ICC on
behalf of Coleto Creek Utility in July 1994 in Docket No. 41242.
- The cost of rail coal transportation using
URCS costs and A Stand Alone Network. This verified statement was
submitted to the ICC on behalf of West Texas Utilities in April 1995 in
Docket No. 41191.
- Further testimony on the cost of rail coal
transportation using URCS costs and a Stand Alone Network. This verified
statement was submitted to the ICC on behalf of West Texas Utilities in July
1995 in Docket No. 41191.
- Oral Argument on the effects of the BN-SF
merger on rail costs and service presented before the full Commission in
August 1995 on behalf of Universal Forest Products in Finance Docket No.
32549.
- The effects of the UP-SP merger on costs,
infrastructure and operations. Verified statement was submitted to ICC on
Behalf of Kansas City Southern Railroad in March 1996 in Finance Docket No.
32760.
- Competitive truck transportation market.
Joint Verified Statement with James Wells was submitted to Surface
Transportation Board (STB) on behalf of TJ MAXX on June 22, 1998 in Docket
No. 41192
- The investment plans of UP-SP to remedy
effects of the UP-SP merger.Verified statement was submitted to STB on
Behalf of Kansas City Southern Railroad in June, 1998 in Finance Docket No.
32760 UP-SP Merger Oversight Proceeding
- The Arkansas and Missouri Railroad Request
For Discontinuance Waiver Filed on Behalf of Kansas City Southern Railroad.
Verified statement was submitted to Surface Transportation Board (STB) in
November1998 in Finance Docket No. 32670.
- Further testimony on the competitive truck
transportation market. Joint Verified Statement with James Wells was
submitted to Surface Transportation Board (STB) on behalf of TJMAXX in
January, 1999 in Docket No. 41192
- Rail Merger Guidelines to develop new and
improved merger analysis processes. Verified statements were submitted to
Surface Transportation Board (STB) on behalf of OxyChem, Oxy Vinyls, BASF
and Williams Energy Services in May 2000 in Ex Parte 582.
- Reply Testimony on Rail Merger Guidelines to
develop new and improved merger analysis processes. Reply Verified
statements were submitted to Surface Transportation Board (STB) on behalf
of OxyChem, Oxy Vinyls, BASF and Williams Energy Services in June 2000 in Ex
Parte 582.
- Testimony on STB Rate Guidelines in small
Shipment Cases. Verified statement was submitted to Surface
Transportation Board (STB) on behalf of SK clients in STB Ex Parte 646 in
June 2004.
- Oral Testimony on STB Rate Guidelines in
small Shipment Cases. Oral Testimony was presented to the full Surface
Transportation Board to Surface Transportation Board (STB) on behalf of SK
clients in STB Ex Parte 646 in July 2004.
- Testimony on STB Stand Alone Costs focusing
on alternatives. Comments submitted to Surface Transportation Board (STB)
on behalf of SK in STB Ex Parte 657 in April 2005.
- Oral Testimony on STB Stand Alone Costs
focusing on alternatives. Presented to Surface Transportation Board (STB)
on behalf of SK in STB Ex Parte 657 in April 2005.
Tom
O’Connor -- State, Regional and Canadian Testimony
- Expert antitrust testimony centering on the
availability of construction materials. This was submitted in an antitrust
case and was filed on behalf of Solcon in Solcon Constructions adv. Asphalt
Busters Case No. CIV 01 01269 PHX ROS, United States District Court for the
District of Arizona. This evidence was developed and submitted in May
2003.
- Expert testimony centering on commuter
railroad operations and costs. This testimony involved design and
development of computerized costing models of commuter rail operations.
The evidence was central to arbitration to resolve subsidy disputes between
New York and Connecticut. This evidence was developed and submitted on
behalf of Metro North Commuter Railroad in August 1996 with oral testimony
presented in February 1997. The case was decided successfully in favor of
the client.
- Expert testimony centering on the effects of
a series of explosions on transportation operations and costs. This was
submitted on behalf of Washington construction Company in a damages case
filed by Burlington Northern Railroad in state court in Montana, First
Judicial District Court, and Cause Number ADV 91-1885. The case went to a
jury trial and was decided successfully in favor of the client in September
1993.
- Expert antitrust testimony centering on
computerized network models. This was submitted in an antitrust case filed
on behalf of Geoplex in U.S. District Court for the Eastern District of
Virginia, Geoplex Corporation v. CACI, Inc. Civil Action No. 89-610-A.
This evidence was developed and submitted in November 1989.
- Expert testimony centering on transportation
operations and costs. This was submitted on behalf of the Canadian
provinces of Alberta, Manitoba and Saskatchewan before a Canadian Crown
Commission in a series of hearings held in Winnipeg, Manitoba and Regina,
Saskatchewan in 1976. This led to an historic change in Canadian
transportation regulation.
•
In addition to these cases Mr. O’Connor has also
submitted testimony on rail costs and operations before State regulatory
commissions in Indiana, Pennsylvania and New York.
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Attachment III
Selected
Project Summaries
Tom
O’Connor
Vice
President
Snavely King Majoros
O’Connor & Lee, Inc.
1220 L St NW
Washington DC 20005 |
Introduction
Throughout more
than two decades of providing consulting services in transportation, and
telecommunications, Tom O’Connor has developed and defended practical
operations, market and economic analyses. The projects he has directed
include: developing economic analyses; analyzing mergers, acquisitions, and
start-up companies, and in providing strategic planning services to
commercial, institutional and government clients. In dozens of projects,
these analyses have significantly influenced decision making in both the
private and public sectors.
Tom O’Connor
has conducted many studies for government and commercial clients involving
developing, gathering and analyzing market and pricing data. Mr. O’Connor's
recent assignments have involved:
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Design and management of a multi-million dollar
nationwide rail and truck transportation procurement on behalf of a Fortune
500 company
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Rail transportation analysis
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Merger analyses of railroads
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Merger analyses of manufacturing companies
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Business planning for companies in emerging
economies
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Transportation contract negotiations
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Waterborne cost analyses
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Analysis of the allocation of rail passenger
costs and revenues
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Comparative analyses of alternative product
sourcing
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Cost analysis of transportation rates
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Evaluation of transportation operations in
Eastern Europe
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Evaluation of telecoms installations in Eastern
Europe
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Pricing analyses for commercial telecoms
technologies and services in emerging economies
Mr. O’Connor
has also conducted organizational and commercial studies relating to major
European telecommunications projects.
Tom O’Connor
recently completed a project for the Bulgarian State Railways (BDZ). The
project involved an in-depth study of current rail operations in Eastern
Europe and long range planning for the transition from a controlled economy to
a market economy. The project included identifying the specifications for
upgrading the rail-related telecommunications and management information
systems. BDZ was the client in this project.
In a related multi-year project Mr. O’Connor designed an
international telecoms company to provide service in Europe. He developed the
blue print for this telecoms company, BDZCOM, and presented the business plan to
banking, and commercial and government agencies in the United States and Europe.
Tom O’Connor has held key management positions in government, private industry
and trade association. He has direct experience planning deregulation and
assisting companies adjust to decreased regulation, proliferation of
competition and rapid changes in technology for producing and delivering
services.
Tom O’Connor
works closely with the client to develop economic analyses and supporting
studies designed to meet the project and longer range objectives. The results
of the analyses and studies are often presented as expert testimony in
proceedings before state and federal regulatory agencies and courts in the US
and Canada.
Some specific
services offered by Tom O’Connor include:
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Rail rate litigation
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Rail rate negotiations
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Rail Cost Methodologies
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Operations analysis
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Transportation model design
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Assessment of economic and market evidence
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Preparation and presentation of expert testimony
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Analysis of data and evidence prepared by others
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Assessment of emerging technology
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Analysis of rail operations in the context of
mergers
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Analysis of telecoms networks
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Design of telecoms networks
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Planning and marketing a telecoms startup company
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Expert analysis and supporting studies that
address:
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Cost of service,
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Pricing,
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Revenue requirements and return on investment,
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Market definition, impact, and potential for
growth, and
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Competitive characteristics of markets;<
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Analysis of relevant organizational policies and
procedures;
In a long
series of assignments, Tom O’Connor has established a record of success.
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Attachment IV
Selected
Clients
Snavely
King Majoros O’Connor & Lee, Inc.
1220 L St NW
Washington
DC 20005 |
Industry
Government and Public
Agencies
- Bulgarian Ministry of Transport
- Canadian Ministry of Transport
- Canadian Transport Commission
- Houston Port Bureau
- Metro North Commuter Railroad
- Military Traffic Management Command
- Montana Department of Commerce
- Montana Department of Transportation
- New York City Transit Authority
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Ontario Ministry of Transport
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Port Authority of New York and New Jersey
- San Antonio's Natural Gas & Electric Utility
- South Carolina Consumer Advocate
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Transport Canada
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U.S. Department of Defense
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U.S. Department of Transportation
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U.S. General Accounting Office
- U.S. Trade and Development Agency
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Washington Metropolitan Area Transit Authority
- World Bank
Counsel
- Caffrey & Smith
- Cleveland Thornton
- Covington & Burling
- Garlington, Lohn & Robinson
- Gust Rosenfeld
- Hogan & Hartson
- Kronish, Lieb, Wiener & Hellman
- LeBoeuf, Lamb, Greene & MacRae
- Pepper, Hamilton & Scheetz
- Reid & Priest
- Ropes and Gray
- Rubenstein & Thornton
- Sidley & Austin
- Slover & Loftus
- Steptoe & Johnson
- Sugarman & Rogers
- Thompson Hine
- Troutman Sanders
- Verner, Liipfert, Bernhard, McPherson & Hand
Copyright © 2000- Snavely King Majoros O'Connor & Bedell, Inc.
All rights reserved.
| A Veteran-Owned Small Business Enterprise |
Snavely King Majoros O'Connor & Bedell, Inc.
Suite 300
1111 14th St. NW
Washington, DC, 20005
| Phone: |
(202) 371-1111 |
| Fax: |
(202) 842-4966 |
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