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PUBLIC SERVICE CO. OF INDIANA, INC. v. I.C.C.

Nos. 82-2399, 83-1691.

749 F.2d 753 (1984)

PUBLIC SERVICE COMPANY OF INDIANA, INC., Peabody Coal Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Louisville & Nashville Railroad Company, Association of American Railroads, National Association of Regulatory Utility Commissioners, Intervenors. PUBLIC SERVICE COMPANY OF INDIANA, INC., Peabody Coal Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, National Association of Regulatory Utility Commissioners, Association of American Railroads, Seaboard System Railroad, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 23, 1984.

As Amended November 23, 1984.

Attorney(s) appearing for the Case

J. Raymond Clark, Washington, D.C., with whom Mary Todd Foldes and C. Michael Loftus, Washington, D.C., were on the brief for petitioners.

Charles D. Gray, Washington, D.C., with whom Paul Rodgers and Genevieve Morelli, Washington, D.C., were on the brief for intervenor NARUC. Deborah A. Dupont, Washington, D.C., also entered an appearance for NARUC in No. 82-2399.

Edward O'Meara, Atty. I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., John J. Powers, III and John P. Fonte, Attys., U.S. Dept. of Justice, Washington, D.C., were on the brief for respondents.

Rutherford Lyle Key, Jr., Jacksonville, Fla., for intervenors Seaboard System Railroad, Inc. Charles M. Rosenberger, Jacksonville, Fla., also entered an appearance for Seaboard System Railroad, Inc. in No. 83-1691.

Stephen Ailes, Betty Jo Christian and Samuel M. Sipe, Jr., Washington, D.C., were on the brief for intervenor Association of American Railroads.

Before GINSBURG, Circuit Judge, MacKINNON, Senior Circuit Judge, and HAROLD H. GREENE, District Judge.

Opinion for the Court filed by Senior Circuit Judge MacKINNON.

MacKINNON, Senior Circuit Judge:

This case involves a challenge under the Staggers Act to an order of the Interstate Commerce Commission ("ICC") that vacated a rate authorized by the Public Service Commission of Indiana ("Indiana Commission") for the intrastate rail carriage of coal, and reinstated the railroad's prior existing rate. Petitioners challenge the ICC's authority to set the rate aside...

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