PUBLIC SERVICE CO. v. PUBLIC UTILITIES COM'N

Nos. 81SA2, 81SA7.

653 P.2d 1117 (1982)

PUBLIC SERVICE COMPANY OF COLORADO, Plaintiff-Appellant, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO; Commissioners Edythe S. Miller, Daniel E. Muse and L. Duane Woodard; Vera Gilde; The Colorado Office of Consumer Services; The Concerned Citizens' Congress of Northeast Denver; The Colorado Association of Community Organizations for Reform Now; General Services Administration; CF & I Steel Corporation; Colorado Energy Advocacy Office; The Peoples Utility Alliance; Elbridge Burnham; Harry Eastlond, Defendants-Appellees. and The COLORADO OFFICE OF CONSUMER SERVICES, Vera Gilde, The Concerned Citizens' Congress of Northeast Denver and The Colorado Association of Community Organizations for Reform Now, Plaintiffs-Appellants, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO, Edythe S. Miller, Daniel E. Muse, L. Duane Woodard, as Commissioners thereof; The Public Service Company of Colorado; The Colorado Energy Advocacy Office; The Executive Agencies of the United States of America (General Services Administration); CF & I Steel Corporation, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

November 15, 1982.


Attorney(s) appearing for the Case

Kelly, Stansfield & O'Donnell, James R. McCotter, James K. Tarpey, Kenneth V. Reif, Denver, for plaintiff-appellant, Public Service Co. of Colorado.

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 The Public Utilities Com'n and Com'rs.

Jeffrey G. Pearson, Denver, for The Colorado Office of Consumer Services.

Kathleen Mullen, Legal Aid Society of Metropolitan Denver, Denver, for Concerned Citizens Congress of Northeast Denver, Vera Gilde and Colorado Ass'n of Community Organizations for Reform Now.


ROVIRA, Justice.

This is an appeal from a district court affirmance of the Colorado Public Utilities Commission's (Commission) grant of emergency rate relief to Public Service Company of Colorado (Public Service or Company). We affirm.

On March 26, 1980, Public Service filed three advice letters with the Commission seeking a $68 million emergency interim rate increase. The Company asserted that despite a rate increase granted four months earlier, continuing...

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