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CALDWELL v. PUBLIC UTILITIES COM'N

No. 79SA204.

613 P.2d 328 (1980)

Ann CALDWELL and the Mountain Plains Congress of Senior Organizations, Plaintiffs-Appellants, v. PUBLIC UTILITIES COMMISSION of the State of Colorado; Commissioners Edwin R. Lundborg, Edythe S. Miller, and Sanders G. Arnold; and Public Service Company of Colorado, Defendants-Appellees, and CF&I Steel Corporation; Colorado Municipal League; General Services Administration; Home Builders Association of Metropolitan Denver; Ideal Basic Industries, Inc.; Friends of the Earth, Inc.; Colorado Utilities Taskforce; Elbridge Burham; Amax, Inc., Intervenors-Appellees.

Supreme Court of Colorado, En Banc.

June 23, 1980.

Attorney(s) appearing for the Case

Edward T. Buckingham, Denver, for plaintiff-appellant Ann Caldwell.

D. Bruce Coles, Denver, for plaintiff-appellant Mountain Plains Congress of Senior Organizations.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., John E. Archibold, Sp. Asst. Atty. Gen., for defendants-appellees Public Utilities Commission.

Kelly, Stansfield & O'Donnell, Susan R. Fox, James R. McCotter, Denver, for defendant-appellee Public Service Co. of Colorado.

No appearance for intervenors-appellees.

LEE, Justice.

This is an appeal from an order of the district court affirming the decision of the Public Utilities Commission (commission) in a rate proceeding. We affirm in part and reverse in part.

On April 3, 1978, the Public Service Company of Colorado (PSC) filed advice letters, accompanied by tariff revisions, with the commission. PSC sought an increase of $35,296,000 based on its test year electric revenues and an increase of $11,768,000 on its test...

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