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PEOPLES NATURAL GAS v. PUBLIC UTIL. COM'N

Nos. 27864, 27836 and 28080.

590 P.2d 960 (1979)

PEOPLES NATURAL GAS DIVISION OF NORTHERN NATURAL GAS COMPANY, Plaintiff-Appellee, v. PUBLIC UTILITIES COMMISSION of the State of Colorado; Edwin R. Lundborg, Henry E. Zarlengo and Edythe S. Miller, Commissioners, Defendants-Appellants, and The City of Durango, Colorado, and the Board of County Commissioners of the County of La Plata, Intervenors-Appellees. The CITY OF LAMAR and the Utilities Board of the City of Lamar, Plaintiffs-Appellants, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado, Commissioners Edwin R. Lundborg, Edythe S. Miller and Henry E. Zarlengo, and Sanders G. Arnold as successor in office to Henry E. Zarlengo, and Peoples Natural Gas Division of Northern Natural Gas Company, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

February 20, 1979.

Attorney(s) appearing for the Case

T. N. Wright, A. R. Madigan, Omaha, Neb., Gresham, Stifler, Gentry & Covell, Thomas C. Stifler, Colorado Springs, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for defendants-appellants.

Gorsuch, Kirgis, Campbell, Walker & Grover, Leonard M. Campbell, William Hamilton McEwan, Gary S. Cohen, Denver, for intervenors-appellees.

GROVES, Justice.

Two district courts in separate proceedings (but with the same judge) ruled that the Public Utilities Commission of Colorado (hereinafter, the Commission) should grant surcharges requested by the Peoples Natural Gas Division of Northern Natural Gas Company (hereinafter, Peoples). The surcharges were designed to allow Peoples to recover expenses incurred while the Commission investigated a requested rate increase. The cases were consolidated on appeal...

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