Central Illinois Public Service Company v. Interstate Commerce Commission and United States of America

WILLIAM J. CAMPBELL, Senior District Judge.

This is an appeal by the Central Illinois Public Service Commission (CIPS) from a decision of the I.C.C. denying reparations of the penalty portion of demurrage charges assessed against it by ConRail. CIPS attacks not only the decision on the merits, but also the procedural action of the I.C.C. in reopening the proceeding for the admission of additional evidence. Jurisdiction is predicated upon 28 U.S.C. § 2321(a), and is not contested by any party.

Railroads assess demurrage charges when shippers hold railway cars for loading or unloading longer than…