ARIZONA PUBLIC SERVICE CO. v. UNITED STATES

No. 83-1956.

742 F.2d 644 (1984)

ARIZONA PUBLIC SERVICE COMPANY, Petitioner, v. UNITED STATES of America And Interstate Commerce Commission, Respondents, Atchison, Topeka and Santa Fe Railway Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 7, 1984.

As Amended September 17, 1984.


Attorney(s) appearing for the Case

Richard S. M. Emrich, Chicago, Ill., with whom Herbert I. Zinn, New York City, was on the brief, for petitioner.

Cecelia E. Higgins, Atty., I.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., John Broadley, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, I.C.C., Washington, D.C., and John J. Powers, III, and Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Edward T. Hand, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondents.

Louis P. Warchot, San Francisco, Cal., with whom Thormund A. Miller, Stuart E. Vaughn and Leland E. Butler, San Francisco, Cal., were on the brief, for intervenors.

Before WRIGHT, WALD and GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

Petitioner Arizona Public Service Company, believing that rates charged by a number of railroads for delivery of oil to its generating facilities were unreasonable, petitioned the Interstate Commerce Commission to order the railroads to institute new, lower rates on the named routes. Under deregulatory legislation enacted by Congress in 1976 and 1980, the ICC can...

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