The Akron, Canton & Youngstown Railroad Company v. The Interstate Commerce Commission, and Gpu Service Corporation, Intervenors

PECK, Senior Circuit Judge.

The issue in this case is simply whether the Interstate Commerce Commission (“Commission” or “ICC”) has the authority to order railroads to carry spent nuclear fuel and low-level reactor wastes at rates prescribed by the Commission. Petitioners are twenty-two eastern railroad companies (“the railroads”) which seek relief from the Commission’s order compelling them to cancel their abstention, or “flagout,” from publication of tariffs for the carriage of nuclear materials. The Commission’s order was the culmination of proceedings begun in 1976 when five separate…