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ARIZONA ELEC. POWER CO-OP., INC. v. U.S.

No. 86-7233.

816 F.2d 1366 (1987)

ARIZONA ELECTRIC POWER COOPERATIVE, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, The Atchison, Topeka and Santa Fe Railway Company and Southern Pacific Transportation Company, Intervenors-Respondents.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1987.

As Amended June 25, 1987.

Attorney(s) appearing for the Case

William L. Slover, C. Michael Loftus, Donald G. Avery, Kelvin J. Dowd, Robert D. Rosenberg, Pauline E. Waschek, Washington, D.C., for petitioner.

Ellen D. Hanson, Cecelia E. Higgins, Washington, D.C., for respondent.

R. Eden Martin, Lee M. Straus, Robert M. Portman, David M. Levy, Washington, D.C., for intervenors-respondents.

Before NOONAN, and O'SCANNLAIN, Circuit Judges, and STOTLER, District Judge.

O'SCANNLAIN, Circuit Judge:

Perhaps inspired by Jarndyce v. Jarndyce, the fabled interminable litigation of Dickens' Bleak House, the Interstate Commerce Commission has been presiding over this continuing saga for the last ten years, now in its sixth epoch.

Piercing the musty veil of regulatory sophistry surrounding this proceeding, we see that the Commission had a simple task: to determine the reasonableness of the rate intervenor-respondents...

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