RESERVE MINING v. MINN. PUBLIC UTILITIES COM'N

Nos. C2-82-1123, C5-82-1181.

334 N.W.2d 389 (1983)

RESERVE MINING COMPANY, Appellant, v. MINNESOTA PUBLIC UTILITIES COMMISSION, Respondent, Peoples Natural Gas Company, Division of InterNorth, Inc., Respondent. UNITED STATES STEEL CORPORATION, Appellant, v. MINNESOTA PUBLIC UTILITIES COMMISSION, Respondent.

Supreme Court of Minnesota.

June 3, 1983.


Attorney(s) appearing for the Case

Hanft, Fride, O'Brien & Harries, Edward T. Fride, Duluth, Steer, Strauss, White & Tobias by James J. Ryan, Cincinnati, Ohio, for Reserve Mining.

Wayne L. Emery, Kenneth R. Pepperney and Susan L. Rockwell, Pittsburgh, Pa., Ronald J. Fischer, Duluth, for U.S. Steel Corp.

Hubert H. Humphrey, III, Atty. Gen., Karl W. Sonneman and James T. Jarvis, Sp. Asst. Attys. Gen., St. Paul, for resp. MN Pub. Utilities Comm.

Oppenheimer, Wolff, Foster, Sheppard & Donnelly by Elmer B. Trousdale, St. Paul, and Craig J. Fecker and Colleen A. Lamont, Omaha, Neb., for Peoples Natural Gas.

Heard, considered and decided by the court en banc.


AMDAHL, Chief Justice.

Peoples Natural Gas Company (Peoples) is an investor-owned gas utility engaged in the business of selling natural gas to retail customers in Minnesota and other states. On December 1, 1980, Peoples filed a rate change notice with the Minnesota Public Utilities Commission (PUC). In accordance with the procedure set forth in Minn.Stat. § 216B.16, subd. 2 (1980), the rate change was first suspended and then reinstated subject to a refund,...

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