AEP TEXAS NORTH COMPANY, PETITIONER v. SURFACE TRANSPORTATION BOARD AND UNITED STATES OF AMERICA, RESPONDENTS, BNSF RAILWAY COMPANY, INTERVENOR.

No. 09-1202.United States Court of Appeals, District of Columbia Circuit.
Date: June 18, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Petition for Review of an Order of the Surface Transportation Board.

Before: SENTELLE, Chief Judge, HENDERSON and BROWN, Circuit Judges

JUDGMENT
Per Curiam

This cause came on to be heard on the petition for review of an order of the Surface Transportation Board and was argued by counsel. On consideration thereof, it is

ORDERED and ADJUDGED that the petition for review is denied with respect to the Board’s decision not to recalculate the cost of equity capital variable with respect to the years 1998-2004; the Board’s decision is vacated with respect to the 2005 calculation and remanded for further consideration, in accordance with the opinion of the court filed herein this date.

Opinion for the court filed by Chief Judge Sentelle.

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