Illinois Commerce Commission v. Interstate Commerce Commission and United States of America, Illinois Central Gulf Railroad Company, Intervenor

Opinion for the Court PER CURIAM.

Under the Staggers Rail Act of 1980 (“the Act”), a railroad may apply for a surcharge on certain rail traffic if previously applicable charges do not generate sufficient revenues to cover 110% of the railroad’s variable cost of transportation to or from a line (“off-branch costs”), plus 100% of the carrier’s reasonably expected costs of continuing to operate that line (“on-branch costs”). 49 U.S.C. § 10705a(b)(2) (1982). On December 26, 1984, the Illinois Central Gulf Railroad Company (“ICG”) filed an application for two surcharges on a line between Clinton…