This section contains the nature of the case and procedural background.

Arkansas Power & Light Co. (P) petitioned the ICC to institute a rulemaking proceeding for the ICC to create a database of railroad rates (so Ps could comparison shop the rates to their advantage). The ICC (D) denied the petition. Specifically, they sought a determination of the kind of evidence that would be relevant to a Long-Cannon inquiry, the required production of such evidence from railroads nationwide, and the development of standards to be applied in carrying out the statutory requirements. P argued that such a carrier-specific database was a necessary prerequisite to compliance with the policy of the Staggers Act. Ps also asserted that the ICC should halt the railroads' traditional differential pricing practices until the rulemaking was completed. D denied the petition in that Congress had not evinced any intent to require a rulemaking proceeding to implement the Long-Cannon Amendment, in contrast to other sections of the Staggers Act in which Congress has issued such directives regarding implementation; such a study would be inconsistent with the design of the Staggers Act to minimize the need for regulatory control; rules and guidelines for gathering and applying a nationwide database would also be difficult to develop and would be 'enormous and enormously difficult to gather; but making this assessment in individual cases is more productive and efficient than a rulemaking because it will avoid applying a massive reporting burden on carriers which are efficient. Ps sought appealed to compel rulemaking.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.