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IN RE REVIEW OF 2005 ADJ. OF CHARGES

No. A07-653.

768 N.W.2d 112 (2009)

In the Matter of the REVIEW OF the 2005 ANNUAL AUTOMATIC ADJUSTMENT OF CHARGES FOR ALL ELECTRIC AND GAS UTILITIES.

Supreme Court of Minnesota.

July 16, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Alison Crawford Archer, Assistant Attorney General, Saint Paul, Minnesota, for appellant.

Eric F. Swanson, David M. Aafedt, Winthrop & Weinstine, P.A., Minneapolis, Minnesota, for respondent.

OPINION

ANDERSON, PAUL H., Justice.

CenterPoint Energy Minnesota Gas ("CenterPoint"), a division of CenterPoint Energy Resources Corp., appeals the Minnesota Public Utility Commission's denial of its variance request made to recoup unrecovered natural gas costs incurred during CenterPoint's 2000-2004 billing cycles. CenterPoint argues that the Commission's decision to deny the variance request was arbitrary and capricious, especially in light of the Commission...

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