Opinion
No. 06-1273.
Filed On: July 27, 2007.
Consolidated with 07-1017, 07-1029
BEFORE: Ginsburg, Chief Judge, and Sentelle and Tatel, Circuit Judges
ORDER
Upon consideration of the motion to govern further proceedings and supplement, and the response thereto; the motion to dismiss, the responses thereto, and the reply; and the Clerk's order to show cause, filed May 7, 2007, why the motion to dismiss should not be decided without a response, it is
ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED that the motion to dismiss be granted. As this court held in ExxonMobil Oil Corporation v. FERC, et al., No. 05-1471, et al. (D.C. Cir. Feb. 27, 2007), a Commission decision not to investigate a proposed indexed rate increase is committed to agency discretion and therefore not judicially reviewable. Cf. Southern Railway Co. v. Seaboard Allied Milling Corp., 442 U.S. 444, 454 (1979) (involving section 15(8)(a) of the Interstate Commerce Act, a derivative of section 15(7) involved in the instant petition). It is
FURTHER ORDERED that the motion to govern further proceedings be dismissed as moot.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.