SOUTH CAROLINA ELECTRIC & GAS COMPANY, Carolina Power & Light Company, Duke Power Company, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
EDISON ELECTRIC INSTITUTE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Association of American Railroads, Western Coal Traffic League, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 15, 1984.
Decided May 8, 1984.
Attorney(s) appearing for the Case
John F. Donelan, Jr., Washington D.C., with whom Frederic L. Wood, John F. Donelan, Harry H. Voigt and Leonard M. Trosten and Michael F. McBride, Washington, D.C., were on the brief, for petitioners in Nos. 83-1384 and 83-1410.
Craig M. Keats, I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, I.C.C., J. Paul McGrath, Asst. Atty. Gen., Barry Grossman and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents in Nos. 83-1384 and 83-1410.
Kenneth P. Kolson, Washington, D.C., with whom Richard B. Allen, Chicago, Ill., Robert B. Batchelder, Omaha, Neb., Emried D. Cole, Jr., Louisville, Ky., James L. Howe, III, Richmond, Va., Milton E. Nelson, Chicago, Ill., Hanford O'Hara, and J. Thomas Tidd, Washington, D.C., were on the brief for intervenor, Association of American Railroads in No. 83-1410.
William L. Slover and C. Michael Loftus, Washington, D.C., entered appearances for intervenor, Western Coal Traffic League in No. 83-1410.
Before BORK and SCALIA, Circuit Judges, and SWYGERT, Senior Circuit Judge for the United States Court of Appeals for the Seventh Circuit.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SCALIA.
SCALIA, Circuit Judge:
In 1978 the Interstate Commerce Commission ("ICC") proposed a study to consider adopting depreciation accounting for the "track structures" accounts of regulated railroads. Track structures include rails, ties, ballast and related materials, and the labor and overhead costs of installing or removing them. The study led to a rulemaking proceeding, which in 1983 produced a final order...
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