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WESTERN COLORADO POWER CO. v. PUBLIC UTILITIES COM'N

No. 21136.

411 P.2d 785 (1966)

The WESTERN COLORADO POWER COMPANY, a Colorado corporation, and Public Service Company of Colorado, a Colorado corporation, Plaintiffs in Error, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado, Henry E. Zarlengo, Ralph C. Horton, and Howard S. Bjelland, the individual members of said Commission, and Colorado-Ute Electric Association, Inc., a cooperative association, Defendants in Error.

Supreme Court of Colorado, En Banc.

Addendum Filed and Rehearings Denied March 14, 1966.

Attorney(s) appearing for the Case

Irvine & Baucom, Salt Lake City, Utah, Loesch & Kreidler, Montrose, Barry & Boyle, Denver, for plaintiff in error The Western Colorado Power Co.

Lee, Bryans, Kelly & Stansfield, Denver, for plaintiff in error Public Service Co. of Colorado.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert N. Trunk, Asst. Atty. Gen., Denver, for defendants in error The Public Utilities Commission and others.

Raphael J. Moses, Boulder, John J. Conway, Denver, John A. Hughes, R. Jerry Bennett, Montrose, for defendant in error Colorado-Ute Elec. Ass'n, Inc.

MOORE, Justice.

We will refer to the parties as follows: to The Western Colorado Power Company as Western; the Public Service Company of Colorado as Public Service; the Public Utilities Commission as the Commission; and the Colorado-Ute Electric Association, Inc. as Colorado-Ute.

On May 11, 1962, Colorado-Ute filed an application with the Commission for a "Certificate of Convenience and Necessity." The object of the application was to permit Colorado-Ute to...

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