Union Pacific Railroad Company v. Interstate Commerce Commission and United States of America, General Electric Company, Intervenors

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Government and utility shippers complained to the Interstate Commerce Commission that certain southern and western railroads were charging excessive rates for the transportation of spent nuclear fuel and other radioactive materials. The railroads argued that the higher rates reflected added costs attributable to the special precautions required when transporting nuclear waste. In holding for the shippers, the Commission concluded that as the added costs incurred by the railroads were unwarranted, they were engaged in…