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CITY OF MONTROSE v. PUBLIC UTILITIES COM'N, ETC.

No. 80SA38.

629 P.2d 619 (1981)

The CITY OF MONTROSE, Colorado, a municipal corporation, Plaintiff-Appellant, v. PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO and Edythe S. Miller, Sanders G. Arnold, and Daniel E. Muse, Individually and As Commissioners Thereof, and Rocky Mountain Natural Gas Co., Inc., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 15, 1981.

Attorney(s) appearing for the Case

John R. Kappa, City Atty., Montrose, for plaintiff-appellant.

Jane Roberts, Gen. Counsel, Wheat Ridge, for Colorado Municipal League, amicus curiae.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., John E. Archibold, Sp. Asst. Atty. Gen., Denver, for defendants-appellees, The Public Utilities Commission of State of Colo., Edythe S. Miller, Sanders G. Arnold and Daniel E. Muse, individually and as commissioners thereof.

LOHR, Justice.

The City of Montrose (City) appeals from a judgment of the district court affirming an order of the Public Utilities Commission (PUC, or Commission) concerning the manner in which municipal franchise charges are passed along to the customers of Rocky Mountain Natural Gas Company (Rocky Mountain).

Municipal franchise charges are sums paid to a municipality by utilities such as Rocky Mountain by agreement for the privileges of providing utility...

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