Court of Appeals for the D.C. Circuit May 23, 1997, 96-1229 (Burlington Northern Railroad Company v. Surface Transportation Board and United States of America, West Texas Utilities Company, Intervenor)

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Petitioner, Burlington Northern Railroad Company, challenges a Surface Transportation Board decision finding the railroad’s common carrier rate for coal transport from a Wyoming mine to a Texas power plant unreasonable and ordering the rate substantially lowered.