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CLEVELAND ELEC. ILLUMINATING CO. v. I. C. C.

Nos. 80-3727, 80-3792 and 80-3793.

685 F.2d 170 (1982)

The CLEVELAND ELECTRIC ILLUMINATING COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Consolidated Rail Corporation (80-3727), Norfolk and Western Railway Company (80-3792), Baltimore and Ohio Railroad Company (80-3793), Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1982.

Attorney(s) appearing for the Case

Charles J. McCarthy, John M. Cutler, Jr., Belnap, McCarthy, Spencer, Sweeney & Harkaway, Washington, D. C., for petitioner.

Sidney L. Strickland, Jr., Richard A. Allen, Kathleen V. Gunning, Gen. Counsels, I. C. C., Benjamin R. Civiletti, Atty. Gen. of the U. S., John J. Powers, III, Kenneth P. Kolson, U. S. Dept. of Justice, Washington, D. C., for respondents.

Anne E. Treadway, Consol. Rail Corp., Philadelphia, Pa., for intervenor Consol. Rail Corp.

Before KEITH, MERRITT and JONES, Circuit Judges.

PER CURIAM.

The sole issue for review is whether the Interstate Commerce Commission erred in refusing to exercise its discretionary power to abate penalty demurrage charges assessed when severe weather conditions prevented Cleveland Electric Illuminating Company from releasing rail cars promptly.

BACKGROUND

Demurrage is an expense shippers incur for retaining rail cars beyond the "free time" period.1 Demurrage charges...

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