Mobil Alaska Pipeline Co. v. United States

I respectfully dissent. The thesis of the Commission is that it has the unreviewable authority to suspend the pipeline’s initial rate filing and, as an adjunct of that authority, it has the power to fix an unreviewable interim rate for the seven month period. The idea that the Commission can set an unreviewable rate without following the statutory ratemaking procedures runs counter to the entire plan established by Congress in the Interstate Commerce Act.

This is ratemaking. We should not hide from that fact. The Commission candidly admits that it is making an interim rate. To suggest that the…