ARKANSAS POWER & LIGHT COMPANY, System Fuels, Inc., Central Illinois Light Company, Central Louisiana Electric Company, Nerco, Inc., Potomac Electric Power Company, Public Service Company of Indiana, Inc., South Carolina Public Service Authority, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
Carolina Power & Light Company, et al., Tampa Electric Company, Atchison, Topeka and Santa Fe Railway Company, et al., Western Coal Traffic League, Nevada Power Company, Intervenors.
CAROLINA POWER & LIGHT COMPANY, Duke Power Company, South Carolina Electric & Gas Company, Virginia Electric and Power Company, Tampa Electric Company, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Western Coal Traffic League, Atchison, Topeka and Santa Fe Railway Company, et al., Nevada Power Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 24, 1983.
Decided January 10, 1984.
Attorney(s) appearing for the Case
J. Raymond Clark, Washington, D.C., with whom Mary Todd Foldes, Washington, D.C., was on the brief, for petitioners in 82-2219.
John F. Donelan, Frederic L. Wood and John F. Donelan, Jr., Washington, D.C., were on the brief for Carolina Power & Light Co., et al., petitioners in 82-2307 and intervenors in 82-2219.
Evelyn G. Kitay, Atty., I.C.C., Washington D.C., with whom John Broadley, Gen. Counsel, I.C.C., Ellen D. Hanson, Associate Gen. Counsel, I.C.C., John J. Powers and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents in 82-2219 and 82-2307.
R. Eden Martin, Washington, D.C., with whom Joseph B. Tompkins, Jr., David M. Levy, Washington, D.C., Howard J. Trienens, New York City, Richard B. Allen, Chicago, Ill., Robert B. Batchelder, Omaha, Neb., Emried D. Cole, Jr., Louisville, Ky., John A. Daily, Philadelphia, Pa., and James L. Howe, III, Richmond, Va., were on the brief, for intervenors, Atchison, Topeka and Santa Fe R.C., et al., in 82-2219 and 82-2307. Paul A. Cunningham and Arthur W. Adelberg, Washington, D.C., also entered appearances for intervenors, Atchison, Topeka and Santa Fe R.C., et al.
James W. Lawson, Washington, D.C., was on the brief for intervenor, Nevada Power Co., in 82-2219 and 82-2307. Gloria M. Sodaro, Washington, D.C., also entered an appearance for intervenor, Nevada Power Co.
William L. Slover, C. Michael Loftus, Donald G. Avery and John H. LeSeur, Washington, D.C., were on the brief for intervenor, Western Coal Traffic League, in 82-2219 and 82-2307.
Before EDWARDS and GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge EDWARDS.
HARRY T. EDWARDS, Circuit Judge:
In this action we are asked to review an agency's decision not to institute rulemaking, and to consider the reviewability — if any — of a policy statement announced, but not applied, in the adjudicatory proceeding currently before us.
Petitioners, a group largely made of coal-burning electric utilities ("the utilities"), challenge a decision and order...
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