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SOUTHERN PACIFIC TRANSP. v. CORPORATION COM'N

No. 16135.

730 P.2d 448 (1986)

105 N.M. 145

In re Adoption of Railroad Rules and Regulations: SOUTHERN PACIFIC TRANSPORTATION COMPANY, the Atchison, Topeka and Santa Fe Railway Company, Appellants, v. CORPORATION COMMISSION of the State of New Mexico, Appellee, United Transportation Union, Intervenor-Appellee.

Supreme Court of New Mexico.

Rehearing Denied December 31, 1986.

Attorney(s) appearing for the Case

White, Koch, Kelly & McCarthy, Benjamin Phillips, Sumner S. Koch, Santa Fe, for appellant Southern Pacific.

Campbell & Black, Jack M. Campbell, Santa Fe, for appellant AT & SF.

Christopher Carlsen, Gen. Counsel, Corp. Com'n, Carol Baca, Asst. Atty. Gen., Santa Fe, for appellee Corporation Com'n.

Jones, Gallegos, Snead & Wertheim, James G. Whitley, Santa Fe, for intervenor appellee.

OPINION

WALTERS, Justice.

In this removal proceeding Petitioners, the Railroads, challenge Respondent Commission's Rules 2 and 3. Rule 2 requires the use of a manned caboose on certain trains, including "through" freights exceeding 2000 feet in length, and the challenged portions of Rule 3 require certain methods of reporting railroad accidents. In support of the rules, which followed two public hearings before the Commission regarding train accidents and...

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