Oregon Public Utility Commission v. Interstate Commerce Commission

The Oregon Public Utility Commission (OPUC) seeks review of an order of the Interstate Commerce Commission (ICC) exempting a transfer of operating rights under 49 U.S.C. § 11343 . The case — of first impression in this circuit — involves the interpretation of the statute. We affirm the ruling of the ICC.

PROCEEDINGS

On August 23, 1990 Maddox Transfer and Storage, Inc. (Maddox) and Washington Trucking, Inc. (WTI) filed with the ICC a joint notice of exemption from 49 U.S.C. § 11343 pursuant to regulations of the ICC, 49 C.F.R. § 1186 . WTI, a common carrier domiciled in Everett, Washington, held ICC authority for service to Alaska, Texas, and the eleven western states. Maddox, a common carrier domiciled in Portland, Oregon, held ICC authority for the 48 continental states and OPUC authority for intrastate operations in Oregon. On August 23, 1990 Maddox and WTI executed a purchase and sales agreement by which WTI acquired Maddox’s ICC operating authority for common carrier service throughout the continental United States with the exception of household goods, commodities in bulk and certain explosives. WTI also acquired a portion of Maddox’s OPUC certificate authorizing irregular…