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IOWA POWER AND LIGHT CO. v. UNITED STATES

No. 82-2550.

712 F.2d 1292 (1983)

IOWA POWER AND LIGHT COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1983.

Attorney(s) appearing for the Case

Lynn K. Vorbrich, Iowa Power & Light Co., Des Moines, Iowa, Curtis L. Ritland, Bradshaw, Fowler, Procter & Fairgrave, Des Moines, Iowa, John M. Cleary, Frederic L. Wood, Nicholas J. DiMichael, Donelan, Cleary, Wood & Maser, P.C., Washington, D.C., for petitioner.

William F. Baxter, Asst. Atty. Gen., John J. Powers, III, John P. Fonte, Attys. Dept. of Justice, Washington, D.C., John Broadley, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, Cecelia E. Higgins, I.C.C., Washington, D.C., for I.C.C.

Donald E. Engle, Vice President, Law, Nicholas P. Moros, Gen. Counsel, Commerce, Burlington Northern Railroad Co., St. Paul, Minn., Betty Jo Christian, Edward R. Leahy, Charles G. Cole, Steptoe & Johnson, Chartered, Washington, D.C., for Burlington Northern Railroad Co.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

HENLEY, Senior Circuit Judge.

The major issue to be decided in this appeal is whether the Interstate Commerce Commission, consistent with its enabling legislation, can allow an incorrectly rejected tariff to take effect as of the date it would have been implemented but for the agency's prior erroneous rejection. Concluding that the Commission's action in the present case did not impermissibly conflict with the Interstate Commerce Act, and was not arbitrary or capricious...

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