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K. C. ELECTRIC ASS'N, INC. v. PUBLIC UTILITIES COMMISSION

No. 26855.

550 P.2d 871 (1976)

K. C. ELECTRIC ASSOCIATION, INC., Plaintiff-Appellant, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 7, 1976.

Attorney(s) appearing for the Case

Richard D. Thomas, Burlington, John P. Thompson, Denver, for plaintiff-appellant.

Kelly, Stansfield & O'Donnell, Donald D. Cawelti, Denver, for Public Service Co. of Colorado.

John C. Penny, Burlington, for the City of Burlington.

Raphael J. Moses, Boulder, John J. Conway, Denver, for Tri-State Generation and Transmission Ass'n, Inc.

Carroll, Bradley & Ciancio, John S. Carroll, Denver, Colorado Rural Electric Ass'n, as amicus curiae.

PRINGLE, Chief Justice.

This case presents the question of whether the Public Utilities Commission (PUC) has the authority to direct a home rule city to purchase its wholesale electric power requirements from one public utility company rather than another.

The home rule city of Burlington, Colorado (City) has for many years generated and distributed electric energy to its residents. Due to insufficient capacity and a rapid rise in fuel costs, the City recently...

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