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SOUTH DAKOTA PUBLIC UTILITIES COM'N v. F. E. R. C.

No. 82-1276.

690 F.2d 674 (1982)

SOUTH DAKOTA PUBLIC UTILITIES COMMISSION and Minnesota Public Utilities Commission, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northern States Power Company (Minnesota), Northern States Power Company (Wisconsin), Public Service Commission of Wisconsin, Intervenors.

United States Court of Appeals, Eighth Circuit.

Decided October 19, 1982.

Attorney(s) appearing for the Case

Philip J. Mause, Norman A. Pedersen, Washington, D. C., for the Public Service Commission of Wisconsin; Steven M. Schur, Chief Counsel of the Public Service Commission of Wisconsin, Madison, Wis., of counsel.

George F. Bruder, Albert R. Simonds, Jr., Bruder & Gentile, Washington, D. C., Gene R. Sommers, David A. Lawrence, Minneapolis, Minn., for intervenors Northern States Power Co. (Minnesota) and Northern States Power Co. (Wisconsin).

Mark V. Meierhenry, Atty. Gen., of the State of South Dakota, S. Walter Washington, Asst. Atty. Gen., Public Utilities Commission, Pierre, S. D., and Warren R. Spannaus, Atty. Gen. of the State of Minnesota, Kenneth A. Nickolai, Sp. Asst. Atty. Gen., Minnesota Public Utilities Commission, St. Paul, Minn., for petitioners South Dakota Public Utilities Com'n and Minnesota Public Utilities Com'n.

Charles A. Moore, Gen. Counsel, Jerome M. Feit, Sol., Joanne Leveque, Atty., Washington, D. C., for respondent Federal Energy Regulatory Com'n.

Before LAY, Chief Judge, and BRIGHT and JOHN R. GIBSON, Circuit Judges.

PER CURIAM.

The South Dakota Public Utilities Commission and Minnesota Public Utilities Commission petition for review of the order of the Federal Energy Regulatory Commission (FERC) dated December 3, 1981 dealing with the costs of cancellation of the Tyrone Energy Park, a nuclear powered electric generating plant. Northern States Power Company (Minnesota) and its wholly-owned subsidiary, Northern States Power Company (Wisconsin), and Public Service Commission of...

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