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MATSON NAV. CO., INC. v. FEDERAL MARITIME COM'N

No. 91-1176.

959 F.2d 1039 (1992)

MATSON NAVIGATION COMPANY, INC., Petitioner, v. FEDERAL MARITIME COMMISSION and United States of America, Respondents, State of Hawaii, Department of Commerce and Consumer Affairs, Division of Consumer Advocacy, Mr. Tobias E. Seaman, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 1992.

Attorney(s) appearing for the Case

Stephen T. Rudman, for petitioner.

C. Douglas S. Miller, Attorney, Federal Maritime Commission, with whom Robert D. Bourgoin, General Counsel, and James F. Rill, Asst. Atty. Gen., John J. Powers, III, and Robert J. Wiggers, Attorneys, Dept. of Justice, were on the brief, for respondents.

Tobias E. Seaman, pro se.

Lawrence M. Reifurth was on the brief, for intervenor, State of Hawaii.

Before: WALD, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioner Matson Navigation Company, Inc. ("Matson") seeks review of a Federal Maritime Commission ("FMC" or "Commission") order rejecting its General Rate Increase ("GRI") of 3.6 percent on commodities moving in Matson's Pacific Coast/Hawaii Trade. In approving a GRI of only 2.68 percent, the Commission found that Matson was entitled to a rate of return on rate base of 10.18 percent...

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