U.S. Court of Appeals for the Fifth Circuit, 1981

System Fuels, Inc. And Arkansas Power & Light Company v. The United States of America and the Interstate Commerce Commission

System Fuels, Inc. And Arkansas Power & Light Company v. The United States of America and the Interstate Commerce Commission
U.S. Court of Appeals for the Fifth Circuit · Decided June 16, 1981 · Wisdom, Ainsworth, Gee
648 F.2d 265; 1981 U.S. App. LEXIS 12281 (Federal Reporter, Second Series)

System Fuels, Inc. And Arkansas Power & Light Company v. The United States of America and the Interstate Commerce Commission

Opinion

PER CURIAM:

On petition for rehearing Systems Fuels, Inc. and Arkansas Power & Light Company *266 argue vigorously that this court mistakenly refused to reverse the Interstate Commerce Commission’s computation of a fixed plant investment additive containing a “double count” of certain investment costs. Our acceptance of the Commission’s action cannot stand, they assert, particularly in the face of that agency’s modification of its method for arriving at appropriate investment additives. In our initial opinion in this rate proceeding, 642 F.2d 112 (5th Cir. 1981), we remanded the case to the Commission for reconsideration of its finding on the maximum reasonable rate for this coal traffic. Particular emphasis was given to the Commission’s allowance of a differential pricing additive. Nothing said in our earlier opinion should be construed to deny the parties on remand the opportunity to develop a finding on the maximum reasonable rate based on costing methods currently used by the Commission with the approval of the courts.

The Petition for Rehearing is DENIED and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 16) the Petition for Rehearing En Banc is DENIED.

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