CITY OF LOVELAND v. PUBLIC UTILITIES COM'N

No. 27444.

580 P.2d 381 (1978)

CITY OF LOVELAND, Plaintiff-Appellee, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado and Edwin R. Lundborg, Henry E. Zarlengo and Edythe S. Miller, as members of said Commission, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearings Denied July 10, 1978.


Attorney(s) appearing for the Case

Lynn A. Hammond, City Atty., Roger E. Clark, Asst. City Atty., Loveland, Glenn G. Saunders, Sp. Counsel, Denver, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., Jean Dubofsky, Deputy Atty., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for defendants-appellants.

John J. Conway, Denver, for amicus curiae, Colo. Rural Elec. Ass'n.

A. E. March, Jr., Fort Collins, for amicus curiae, The City of Fort Collins.

Susan K. Griffiths, Wheat Ridge, for amicus curiae, Colo. Municipal League.


HODGES, Justice.

In this appeal, the Public Utilities Commission (PUC) challenges the trial court's judgment which ordered that the PUC cease any attempt to regulate electrical services provided by the City of Loveland to customers outside its boundaries. We reverse the judgment of the trial court.

Since 1930, when the City of Loveland applied to the PUC and received certification to serve an area outside its boundaries, the municipally-owned facilities have...

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