Decision 34102
Served (printed as 10/14/2003) · Decision · Entire Board
(1) DENIED THE PETITION OF PEABODY ENERGY CORPORATION (PEABODY) FOR AN INJUNCTION THAT WOULD, WHILE THE SUBJECT RATE CASE IS PENDING, REQUIRE BNSF TO CHARGE A SHIPPER NO MORE THAN A PRIOR CONTRACT RATE FOR THE TRANSPORTATION OF COAL FROM A NEW MEXICO MINE TO ARIZONA PUBLIC SERVICE CO.'S CHOLLA ELECTRIC GENERATING STATION; AND (2) DISMISSED AS MOOT WITHOUT PREJUDICE PEABODY'S PETITION TO INTERVENE IN THIS PROCEEDING, BECAUSE PEABODY'S INTERVENTION WAS TIED EXCLUSIVELY TO THE INJUNCTIVE REMEDY THAT THIS DECISION DECLINES TO GRANT.
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