Legal Opinion

Arizona Electric Power Cooperative, Inc. v. Surface Transportation Board

Court of Appeals for the D.C. Circuit

Decided July 18, 2006No. 05-1136PublishedCited by 1 opinion

1Opinion of the Court

KAREN LECRAFT HENDERSON, Circuit Judge.

Petitioner Arizona Electric Power Cooperative (AEPCO) seeks review of a decision of the Surface Transportation Board (STB or Board) dismissing AEPCO’s challenge to the joint rate charged by the Burlington Northern Santa Fe Railroad (BNSF) and the Union Pacific Railroad *165(UP) (collectively Railroads) to transport coal from mines in North Tipple and Lee Ranch, New Mexico (New Mexico mines), near Defiance, New Mexico, to AEPCO’s Apache power plant in Cochise, Arizona. Using the STB’s “Stand Alone Cost” (SAC) methodology, AEPCO hypothesized the costs an…

2Cases cited5 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Southern California Edison Company v. Federal Energy Regulatory Commission, Cities of Anaheim, IntervenorsCourt of Appeals for the D.C. Circuit · 1986
  3. New York Cross Harbor Railroad v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2004
  4. Burlington Northern Railroad Company v. Surface Transportation Board and United States of America, West Texas Utilities Company, IntervenorCourt of Appeals for the D.C. Circuit · 1997
  5. PPL Montana, LLC v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2006

3Cited by1 opinion

  1. AZ Elec Power Coop v. STBCourt of Appeals for the D.C. Circuit · 2006

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