Georgia Power Company and Southern Company Services, Inc. v. United States of America and Interstate Commerce Commission

RANDALL, Circuit Judge:

Petitioner seeks review of the ICC’s decision not to suspend and investigate a rail freight tariff under § 10707 of the Revised Interstate Commerce Act, 49 U.S.C.A. § 10707 (West Pamphlet 1979). 1 Because we lack jurisdiction to review the Commission’s order, we dismiss the petition.

On May 4, 1979, Intervenor Southern Railway Company (“Southern”) filed tariff schedules which proposed to increase by five percent its rate on coal shipped from Arco, Tennessee to Harlee, Georgia (the site of Petitioner Georgia Power Company’s electric generating plant). On June 18, 1979,…