SOUTH DAKOTA PUBLIC UTILITIES COMMISSION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Interstate Power Company, Iowa Electric Light and Power Company, Iowa-Illinois Gas and Electric Company, Iowa Power and Light Company, Iowa Public Service Company, Iowa Southern Utilities Company, Metropolitan Utilities, District of Omaha, Minnesota Gas Company, North Central Public Service Company, Northern States Power Company (Minnesota), Northern States Power Company (Wisconsin), Northwestern Public Service Company, Northern Natural Gas Company, Intervenors-Respondents.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted September 11, 1980.
Decided March 5, 1981.
Rehearing and Rehearing Granted June 9, 1981.
Attorney(s) appearing for the Case
Ben Stead, Asst. Atty. Gen., South Dakota Public Utilities Commission, Pierre, S. D., Frances E. Francis, Spiegel & McDiarmid, Washington, D. C., for the South Dakota Public Utilities Commission.
George J. Meiburger, Frank X. Kelly, Gallagher, Boland, Meiburger & Brosnan, Washington, D. C., Dean W. Wallace, Daniel B. O'Brien Jr., Henry C. Rosenthal, Jr., Northern Natural Gas Company, Omaha, Neb., for Northern Natural Gas Co.
William D. Carstedt, Springer, Carstedt & Kurlander, Chicago, Ill., for Interstate Power Co.
Steven G. Gerhart, Eva J. Cram, Cedar Rapids, Iowa, for Iowa Elec. Light and Power Co.
E. J. Hartman, Charles A. Crampton, Davenport, Iowa, for Iowa-Illinois Gas and Elec. Co.
Lynn K. Vorbrich, Keith D. Hartje, Des Moines, Iowa, for Iowa Power and Light Co.
E. Phil Vondrak, Paul J. Leighton, Sioux City, Iowa, for Iowa Public Service Co.
C. R. S. Anderson, Stephen W. Southwick, Centerville, Iowa, for Iowa Southern Utilities Co.
Cecil S. Brubaker, W. L. Strong, Omaha, Neb., for Metropolitan Utilities District of Omaha.
George C. Mastor, James B. Proman, Minneapolis, Minn., for Minnesota Gas Co.
Ned Willis, Willis & Sackett, Perry, Iowa, for North Central Public Service Co.
John P. Moore, Jr., Minneapolis, Minn., for Northern States Power Co. (Minnesota), Northern States Power Co. (Wisconsin).
Everett E. Hoyt, Northwestern Public Service Co., Huron, S. D., James M. Van Vliet, Jr., Schiff, Hardin & Waite, Chicago, Ill., for Northwestern Public Service Co.
Robert R. Nordhaus, General Counsel, Jerome M. Feit, Deputy Sol., Jane C. Murphy, Washington, D. C., for respondent Federal Energy Regulatory Commission.
Before HEANEY and STEPHENSON, Circuit Judges, and MURPHY, District Judge.
United States Court of Appeals, Eighth Circuit.
Rehearing and Rehearing En Banc Granted June 9, 1981.
STEPHENSON, Circuit Judge.
This is an appeal of an order entered by the Federal Energy Regulatory Commission (FERC) permitting an accelerated rate of depreciation for certain facilities owned by Northern Natural Gas (Northern). The South Dakota Public Utilities Commission (South Dakota) opposed Northern's proposed adjustments before the FERC and has appealed its decision. The FERC found that because of...
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