Alaska Steamship Company, a Corporation v. Federal Maritime Commission and United States of America
Opinion
Opinion
Merrill, J.
The Federal Maritime Commission has regulatory jurisdiction over interstate water carriage to and from the State of Alaska. Where such carriage is combined with carriage by motor transport, in through-route and joint-rate arrangements, jurisdiction over rates lies with the Interstate Commerce Commission.
Alaska Steamship Company is a common carrier by water, operating between Seattle, Washington, and various points in the State of Alaska and, until the events leading to these proceedings, has operated entirely under FMC regulation. In 1967 it entered into through-route and joint-rate arrangements with certain motor carriers and notified FMC of the cancellation of certain tariffs theretofore on file with FMC, to be superseded by joint-rate tariffs that had been filed with ICC. FMC suspended cancellation of the rates, conducted an investigation and subsequently ordered Alaska Steam to rescind its cancellation and continue to file tariffs with the FMC. Alaska Steamship Co. — Cancellation of FMC Port-to-Port Rates — West Coast/Alaska Trade, No. 67-52 (February 14, 1968). Its position in substance is that the through-route joint-rate arrangements are sham, serving to mask an effort at…