Burlington Northern Railroad Company v. Surface Transportation Board and the United States of America, West Texas Utilities Company, Intervenor
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
Petitioner Burlington Northern transports coal from the Powder River Basin in Wyoming to the Oklaunion generating station in Texas for a coal-burning electric utility, West Texas Utilities Company (“WTU”), an intervenor in these proceedings. WTU’s coal moved under contract with Burlington from 1986, when the Oklaunion generating station began operating, until 1995, when the contract between the parties expired. Contract transport is an alternative to traditional common carrier rail transport;…
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