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UTAH POWER & LIGHT CO. v. I.C.C.

No. 83-1276.

764 F.2d 865 (1985)

UTAH POWER & LIGHT COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Denver and Rio Grande Western Railroad Co., et al., Utah Division of Public Utilities, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

June 14, 1985.

Attorney(s) appearing for the Case

Michael F. McBride and Mindy A. Buren, Washington, D.C., were on the Petition for Rehearing and Suggestion for Rehearing En Banc.

Before GINSBURG, Circuit Judge, MacKINNON and WILKEY, Senior Circuit Judges.

MacKINNON, Senior Circuit Judge:*

The central theme of Utah Power's Petition for Rehearing is that the decision of the Interstate Commerce Commission ("ICC"), reversing the Utah Commission, violated the intent of Congress as expressed in the Staggers Act by denying the state regulatory agency a "meaningful role ... with respect to regulation of intrastate rail rates." However, the petitioner here refuses to recognize the clear requirements...

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