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PA. PUBLIC UTILITY COM'N v. UNITED STATES

No. 83-2301.

749 F.2d 841 (1984)

PENNSYLVANIA PUBLIC UTILITY COMMISSION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Greyhound Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 5, 1984.

Attorney(s) appearing for the Case

Robert J. Longwell, Harrisburg, Pa., with whom Charles F. Hoffman, Harrisburg, Pa., was on brief, for petitioner.

Dennis J. Starks, Atty., I.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., John Broadley, Gen. Counsel, Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., Robert B. Nicholson and John P. Fonte, Dept. of Justice, Washington, D.C., for U.S.

E. Barrett Prettyman, Jr., Washington, D.C., for intervenor Greyhound Lines, Inc.

Before WILKEY, WALD, and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge.

Section 16 of the Bus Regulatory Reform Act of 1982 (the "Bus Act" or "BRRA"), Pub.L. No. 97-261, 96 Stat. 1102, 1117 (codified at 49 U.S.C. § 10935), authorizes the Interstate Commerce Commission ("ICC" or "Commission") to let carriers discontinue unprofitable intrastate passenger service when specific "exit" conditions are met. In this proceeding, the Pennsylvania Public Utilities...

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