Unpublished Dispositionin Re Regular Common Carrier Conference, Petitioner,national Industrial Transportation League, Intervenor, 927 F.2d 1258 (D.C. Cir. 1991)

Upon consideration of the petition to compel agency action unreasonably withheld or delayed and for declaratory judgment, the responses thereto, and the reply, it is

ORDERED that the petition be denied. Petitioner has available the adequate alternative remedy of challenging any tariff either when it is filed, pursuant to 49 U.S.C. § 10708 and 49 CFR Sec. 1132, or once it is already in use, pursuant to 49 U.S.C. § 11701(b) and 49 CFR Sec. 1100 et seq. The relief sought is, therefore, not warranted. See Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980); In re GTE Service Corp., 762 F.2d 1024, 1026 (D.C. Cir. 1985). In addition, the agency's delay in completing proceeding No. MC-C-30117, RCCC-Petition for Declaratory Order--Range of Discounts and Customer Account Codes, is not so egregious as to warrant the extraordinary relief requested. See Telecommunications Research and Action Center v. FCC, 750 F.2d 70, 80 (D.C. Cir. 1984).