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NORTHERN NATURAL GAS v. MINN. PUBLIC SERV.

No. 50318.

292 N.W.2d 759 (1980)

NORTHERN NATURAL GAS COMPANY, operating as Peoples Natural Gas Division, Appellant, v. MINNESOTA PUBLIC SERVICE COMMISSION et al., Respondents, Eveleth Taconite Company, Respondent, Reserve Mining Company, Respondent, Erie Mining Company, Respondent, Hanna Mining Company, Respondent, United States Steel Corporation, Respondent.

Supreme Court of Minnesota.

May 16, 1980.

Attorney(s) appearing for the Case

Thomas N. Wright, Omaha, Neb., Oppenheimer, Wolff, Foster, Shepard & Donnelly and Elmer R. Trousdale, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., Jean E. Heilman, Asst. Atty. Gen., and Rodney A. Wilson, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Public Service Comm.

Covington & Burling and Nicholas W. Fels, Washington, D. C., Steer, Strauss, White & Tobias and James Ryan, Cincinnati, Ohio for Reserve Mining Co.

Mackall, Crounse & Moore, Minneapolis, Frank L. Hartman, Cleveland, Ohio, and Robert S. Lee, Minneapolis for Erie Mining Co.

Stuart Theis, Cleveland, Ohio, for Hanna Mining Co.

Kenneth R. Pepperney, Pittsburgh, Pa., Benjamin Blacik, Duluth, for United States Steel Corp.

Heard before ROGOSHESKE, TODD, and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

On November 2, 1976, Erie Mining Company sent a letter to the Minnesota Public Service Commission expressing concern that Northern Natural Gas Company, operating as Peoples Natural Gas Division (hereafter "Peoples Division" or "Northern") was discriminating against Erie in its method of implementing its natural gas curtailment plan. The commission, on its own motion, issued an order to show cause to Peoples Division to demonstrate why the commission...

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