Edison Electric Institute v. Interstate Commerce Commission

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

The petitioners in these consolidated cases1 challenge four final orders issued by the Interstate Commerce Commission (“Commission” or “ICC”) in the course of ongoing proceedings in Ex parte No. 290 (Sub-No. 2), Railroad Cost Recovery Procedures. Each of the orders2 involves the same underlying issue: whether the Northeast Rail Service Act of 1981 (“NERSA”) requires an adjustment to the Rail Cost Adjustment Factor (“RCAF”), which, under the provisions of the Staggers Rail Act of 1980 (“Staggers Act”), allows rail carriers…