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AEP TEXAS NORTH CO. v. SURFACE TRANSP. BD.

No. 09-1202.

609 F.3d 432 (2010)

AEP TEXAS NORTH COMPANY, Petitioner v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents BNSF Railway Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 2010.

Attorney(s) appearing for the Case

William L. Slover argued the cause for petitioner. With him on the briefs were Kelvin J. Dowd, Robert D. Rosenberg, and Andrew B. Kolesar III.

James A. Read, Attorney, Surface Transportation Board, argued the cause for respondents. With him on the brief were Robert B. Nicholson and John P. Fonte, Attorneys, U.S. Department of Justice, Ellen D. Hanson, General Counsel, Surface Transportation Board, Craig M. Keats, Deputy General Counsel, and Thomas J. Stilling, Attorney.

Samuel M. Sipe Jr., Anthony J. LaRocca, and Richard E. Weicher were on the brief for intervenor BNSF Railway Company in support of respondent. Kathryn J. Gainey entered an appearance.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

AEP Texas (AEPT), an electric utility company, uses railroads owned by BNSF Railway Company (BNSF) to transport coal from mines in Wyoming to an electric generating station in Texas. BNSF exerts market dominance over the route used for this coal transportation, which renders the rates charged subject to review by the Surface Transportation Board (the Board). Under this authority, the Board has set a reasonable maximum rate for the transportation...

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