BNSF RY. CO. v. SURFACE TRANSP. BD.

No. 05-1030.

453 F.3d 473 (2006)

BNSF RAILWAY COMPANY, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Public Service Company of Colorado, d/b/a Xcel Energy, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2006.


Attorney(s) appearing for the Case

Samuel M. Sipe, Jr. argued the cause for petitioner. With him on the brief were Anthony J. LaRocca, Alice E. Loughran, Richard E. Weicher and Michael E. Roper.

Raymond A. Atkins, Attorney, Surface Transportation Board, argued the cause for respondent. With him on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, John J. Powers, III and John P. Fonte, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Thomas J. Stilling, Attorney. Rachel D. Campbell, Attorney, entered an appearance.

Peter S. Glaser argued the cause for intervenor Public Service Company of Colorado. With him on the brief were Thomas W. Wilcox and David E. Benz.

Before: GINSBURG, Chief Judge, and RANDOLPH, Circuit Judge, and EDWARDS, Senior Circuit Judge.


GINSBURG, Chief Judge.

BNSF Railway Co. petitions for review of an order of the Surface Transportation Board rejecting as unreasonable certain rates the railroad charged the Public Service Company of Colorado, d/b/a Xcel Energy, to ship coal from the Powder River Basin in Wyoming to Xcel's electric generating plant in Colorado. BNSF argues first the Board should have dismissed the rate proceeding three years after the complaint...

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