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WHEELING-PITTSBURGH STEEL CORP. v. I.C.C.

Nos. 82-3122, 82-3361.

723 F.2d 346 (1983)

WHEELING-PITTSBURGH STEEL CORPORATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, The Chesapeake and Ohio Railway Company, National Association of Regulatory Utility Commissioners, Association of American Railroads, Florida Phosphate Council, Inc., Intervenors. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Petitioner, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Respondents, Wheeling-Pittsburgh Steel Corporation, C & O Railroad, CF Industries, Inc., Association of American Railroads, Florida Phosphate Council, Inc., Intervenors.

United States Court of Appeals, Third Circuit.

Reassigned July 20, 1983.

Decided December 21, 1983.

Attorney(s) appearing for the Case

L.C. Major, Jr., Russell R. Sage, Major, Sage & King, Alexandria, Va., for petitioner Wheeling-Pittsburgh Steel Corp.

Daniel B. Harrell, Timm L. Abendroth, Office of Gen. Counsel, I.C.C., Washington, D.C., for respondent I.C.C.

Mark A. Keffer, Public Service Com'n of W.Va., Charleston, W.Va., for petitioner, Public Service Com'n of West Virginia.

John J. Powers, III, Kenneth P. Kolson, Dept. of Justice, Washington, D.C., for respondent U.S.

Charles D. Gray, Nat. Ass'n of Regulatory Utility Com'rs, Washington, D.C., for intervenor Nat. Ass'n of Regulatory Utility Com'rs.

Renee D. Rysdahl, John J. Paylor, Chesapeake and Ohio Ry. Co., Cleveland, Ohio, R. Eden Martin, David M. Levy, Sidley & Austin, Washington, D.C., for intervenor Chesapeake and Ohio Ry. Co.

Martha W. Barnett, Janet R. Studley, Holland & Knight, Tallahassee, Fla., for intervenor Florida Phosphate Council.

Betty Jo Christian, Stephen Ailes, Steven A. Brigance, Steptoe & Johnson, Chartered, Washington, D.C., for intervenor Ass'n of American Railroads.

Before ADAMS and HIGGINBOTHAM, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The extent to which intrastate rail shipments must contribute to the income of an interstate rail carrier is a complex issue confronting state and federal regulators with increasing frequency. In these proceedings we are asked to decide whether rates approved by federal and state regulators for intrastate shipments of the Chesapeake & Ohio Railroad (C & O) comply with federal standards. To resolve this issue...

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