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  5. 328 N.W.2d 852 (1983)
 

APPLICATION OF NORTHERN STATES POWER CO.

No. 13703.

328 N.W.2d 852 (1983)

In the Matter of the Application of NORTHERN STATES POWER COMPANY for a Proposed Increase in Rates for Electric Service.

Supreme Court of South Dakota.

Decided January 5, 1983.

Attorney(s) appearing for the Case

Walter Washington, Asst. Atty. Gen., Pierre, for appellant South Dakota Public Utilities Com'n; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Lawrence L. Piersol of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellee Northern States Power Co.; Charles D. Gullickson of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

HENDERSON, Justice.

ACTION

Northern States Power Company (NSP) applied to the South Dakota Public Utilities Commission (PUC) for an increase in electric rates to cover NSP's projected losses related to the Tyrone nuclear power project. The PUC decided to defer ruling on NSP's application until the Federal Energy Regulatory Commission (FERC) decided what NSP's losses were.

NSP appealed to the circuit court, wherein the PUC's decision was reversed...

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