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HIBBING TACONITE CO. v. MINN. P. S. C.

Nos. 50513, 51103 and 50500.

302 N.W.2d 5 (1980)

HIBBING TACONITE CO., a joint venture, Appellant, v. MINNESOTA PUBLIC SERVICE COMMISSION, Respondent, and MINNESOTA POWER & LIGHT COMPANY, Respondent, v. MINNESOTA PUBLIC SERVICE COMMISSION, Appellant.

Supreme Court of Minnesota.

Rehearing Denied February 17, 1981.

Attorney(s) appearing for the Case

Mackall, Crounse & Moore and Robert S. Lee, Minneapolis, Squire, Sanders & Dempsey and Alan P. Buchmann, Cleveland, Ohio, for Hibbing Taconite Co.

Frank Hartman, Atty., Pickands Mather & Co., Cleveland, Ohio, for Erie Mining Co.

Warren Spannaus, Atty. Gen., Jerome L. Getz, Deputy Atty. Gen., Rodney A. Wilson, Sp. Asst. Atty. Gen., and Jean Heilman, Asst. Atty. Gen., Peter H. Grills, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Public Service Commission.

Briggs & Morgan, Samuel L. Hanson and R. Scott Davies, Minneapolis, James R. Habicht, Duluth, for Minnesota Power & Light Co.

John Huges, Senior Citizens Coalition of N.E. Minn., Duluth, William E. Ojala, Senior Citizens Coalition of Duluth, Gilbert, for respondents.

Robert W. Johnson, St. Paul, amicus curiae.

Heard, considered, and decided by the court en banc.

TODD, Justice.

Minnesota Power & Light Company (MPL) filed a notice of rate change with the Minnesota Public Service Commission (PSC) on April 5, 1977. Following statutory procedure, the rate increase was suspended, then reinstated, subject to refund, and hearings commenced August 15, 1977, before a hearing officer. The report of the hearing officer was accepted in part and rejected in part by the PSC, and its order allowing rate increases was filed on February...

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