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BUTLER TACONITE PROJECT v. MINNESOTA P.U.C.

No. C8-82-977.

332 N.W.2d 649 (1983)

BUTLER TACONITE PROJECT, et al., Appellants, v. MINNESOTA PUBLIC UTILITIES COMMISSION, Respondent.

Supreme Court of Minnesota.

Rehearing Denied May 17, 1983.

Attorney(s) appearing for the Case

Levitt, Palmer, Bowen, Rotman & Share and Robert G. Share, Minneapolis, Steer, Strauss, White & Tobias and James J. Ryan, Cincinnati, Ohio, for appellants; David S. Baumgartner, The Hanna Mining Co., David A. Kuhn, Oglebay Norton Co., Cleveland, Ohio, of counsel.

Hubert H. Humphrey, III, Atty. Gen., and James T. Jarvis, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Public Utilities Comn.

Briggs & Morgan, Samuel L. Hanson and R. Scott Davies, Minneapolis, James R. Habicht, Duluth, for Minnesota Power & Light Co.

Lindquist & Vennum, Laurance R. Waldoch and Daniel J. Sheran, Minneapolis, for Potlatch Corp.

Wurst, Pearson, Hamilton, Larson & Underwood and James D. Larson, Minneapolis, for Conwed Corp., et al.

John C. Bjork, Sp. Asst. Atty. Gen., St. Paul, for Office of Consumer Service of the Minnesota Dept. of Commerce.

Heard, considered and decided by the court en banc.

COYNE, Justice.

For the third time in recent years we review a decision of the Minnesota Public Utilities Commission (PUC), formerly Minnesota Public Services Commission, granting Minnesota Power & Light Company (MPL) an increase in electric rates. In large measure all three proceedings were prompted by the costs incurred by MPL in the construction of a generating plant known as Clay Boswell No. 4. This appeal by three...

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