Raz Inland Navigation Co., Inc. v. Interstate Commerce Commission and United States of America

Petitioner Raz Inland Navigation Company, Inc. [Raz], seeks review of an order of the Interstate Commerce Commission granting applications by five water carriers to operate as common carriers over routes currently served by Raz. Petitioner challenges the Commission’s final decision on the ground that it was tainted by ex parte communications between A. Daniel O’Neal, Chairman of the Commission, and representatives of the Pacific Northwest Waterways Association [PNWA]. We find that the communications amounted to no more than a status report. We therefore dismiss the petition for review and affirm the Commission’s order.

Background

Petitioner Raz Inland Navigation Company, Inc., holds authority from the Interstate Commerce Commission [Commission] to operate as a common carrier by water between points on the Columbia and Snake Rivers in Washington, Idaho and Oregon. In February, 1977, a Commission employee review board, over the protests of Raz, recommended that the Commission grant applications for certificates of public convenience and necessity made by five other water carriers, four of whom are interve-nors in this case. On April 18, 1977, Raz filed petitions for…