CENTRAL LOUISIANA ELEC. CO., INC. v. I.C.C.

No. 82-1546.

724 F.2d 173 (1983)

CENTRAL LOUISIANA ELECTRIC COMPANY, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Family Lines Rail System, et al., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1983.


Attorney(s) appearing for the Case

Mary Todd Foldes, Washington, D.C., with whom J. Raymond Clark, Washington, D.C., was on the brief, for petitioners.

Timm L. Abendroth, Atty., Interstate Commerce Commission, Washington, D.C., with whom John Broadley, General Counsel, and Henri F. Rush, Associate General Counsel, Interstate Commerce Commission, and John J. Powers, III, and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Kenneth P. Kolson, Washington, D.C., with whom J. Thomas Tidd, R. Eden Martin, Michael G. Lederman, Paul A. Cunningham and Arthur W. Adelberg, Washington, D.C., were on the joiner in lieu of brief, for intervenor.

Before TAMM and SCALIA, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.


Opinion PER CURIAM.

PER CURIAM:

A group of electric utilities petitions this court to enter various orders concerning a rulemaking the Interstate Commerce Commission has undertaken on the subject of a new uniform rail costing system (URCS) for the railroads subject to its jurisdiction. We find that there is no basis for us to intervene at this stage of the proceeding, and therefore deny the petition.

On September 14, 1981, the ICC sent petitioners...

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