The interswitching regime that was brought forward in the Fair Rail for Grain Farmers Act provided for interswitching rates to be set. They weren't subject to any kind of commercial test.
In this case, and maybe this is something that staff can speak to, it says, “determine the rate by having regard to the revenue per 5 tonne kilometre for the movement by the local carrier of comparable traffic in respect of which no long-haul interswitching rate applies.”
First of all, “having regard to” suggests that there is some subjectivity there. Maybe you could explain what that leeway might be. Second, why would you look at the rates in areas where there were no long-haul interswitching rates available to use as a comparison?