In the Matter of the Application of NEBRASKA PUBLIC POWER DISTRICT FOR A PERMIT TO CONSTRUCT AND OPERATE the PROPOSED MANDAN NOMINAL 500 KV TRANSMISSION FACILITY.
Supreme Court of South Dakota.https://leagle.com/images/logo.png
Argued September 13, 1983.
Decided August 8, 1984.
Rehearing Denied September 24, 1984.
Attorney(s) appearing for the Case
Joe Nadenicek, Asst. Atty. Gen., Pierre, for appellant South Dakota Public Utilities Com'n in No. 14008. Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.
Jeff Masten of Masten, Myrabo, Irons & Kunstle, P.C., Canton, for appellant Safe Energy Alternatives of South Dakota in No. 14009. Benjamin Stead, Des Moines, Iowa, on the brief.
Lloyd C. Richardson, Jr. of Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Tom Watson of Crowell & Moring, Washington, D.C., for appellant Nebraska Public Power Dist. in No. 14010. Charles B. Kornmann of Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Aberdeen, and Jeffrey J. Davidson of Crowell & Moring, Washington, D.C., on the brief.
Gene N. Lebrun of Lynn, Jackson, Shultz & Lebrun, Rapid City, for amicus curiae Basin Elec. Power Co-op. and Rushmore Elec. Power Co-op., Inc.
Warren W. May of May, Adam, Gerdes & Thompson, Pierre, for amicus curiae Otter Tail Power Co.
Supreme Court of South Dakota.
DAVIS, Circuit Judge.
FACTS
On January 14, 1981, Nebraska Public Power District (NPPD) applied for a permit to construct the proposed MANDAN Trans-State Transmission Facility pursuant to SDCL Chapter 49-41B.1 Public hearings were held in March 1981. One year later, the South Dakota Public Utilities Commission (PUC) denied NPPD's request for a permit to allow the MANDAN Project access through South Dakota. The trial court reversed...
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