CITY OF MONTROSE v. PUBLIC UTILITIES COM'N

No. 27983.

590 P.2d 502 (1979)

The CITY OF MONTROSE, Colorado, a Municipal Corporation, Plaintiff-Appellant, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado and Edwin R. Lundborg, Henry E. Zarlengo, Edythe S. Miller, Individually and as Commissioners thereof, and Rocky Mountain Natural Gas Co., Inc., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

February 5, 1979.


Attorney(s) appearing for the Case

John R. Kappa, Montrose City Atty., Montrose, for plaintiff-appellant.

Susan K. Griffith, Gen. Counsel for the Colo. Municipal League, Wheatridge, for amicus curiae, Colo. Municipal League.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John E. Archibold, Sp. Asst. Atty. Gen., Eugene Cavaliere, Asst. Atty. Gen., Denver, for defendants-appellees.


PRINGLE, Justice.

On December 30, 1975, the Public Utilities Commission of the State of Colorado ordered Rocky Mountain Natural Gas Co., Inc., a licensed public utility, to surcharge municipal franchise charges to customers living within the municipalities imposing the franchise charges.1 The appellants, the City of Montrose, and the Colorado Municipal League as amicus curiae, argue that the Commission's decision results in unjust and...

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