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SOUTH DAKOTA PUBLIC UTILITIES v. OTTER TAIL

No. 12562.

291 N.W.2d 291 (1980)

SOUTH DAKOTA PUBLIC UTILITIES COMMISSION, Appellant, v. OTTER TAIL POWER COMPANY, Respondent.

Supreme Court of South Dakota.

Decided April 16, 1980.

Rehearing Denied May 22, 1980.

Attorney(s) appearing for the Case

Frances E. Francis, Spiegel & McDiarmid, Washington, D.C., Ben Stead, Asst. Atty. Gen., Pierre, for appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Warren W. May of May, Adam, Gerdes & Thompson, Pierre, Peter A. Hoff of Arvesen, Donoho, Lundef, Hoff & Svingen, Fergus Falls, Minn., for respondent.

FOSHEIM, Justice.

This appeal stems from a rate increase applicable to the South Dakota retail electric customers of Otter Tail Power Company (OTP). We affirm in part and reverse in part and remand.

OTP is an investor-owned electric utility, providing electric service at retail in Minnesota, North Dakota and South Dakota. In 1975, OTP had a revenue deficiency and filed for a rate increase, requesting that its South Dakota customers share in correcting the...

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