MONTANA POWER CO. v. PUBLIC SERVICE COM'N

No. 84-290.

692 P.2d 432 (1984)

The MONTANA POWER COMPANY, a Montana corp., Plaintiff and Petitioner, v. The PUBLIC SERVICE COMMISSION of the State of Montana, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided December 12, 1984.


Attorney(s) appearing for the Case

Daniel O. Flanagan, John J. Burke, John L. Peterson, Dennis R. Lopach, Pamela K. Merrell for Montana Power Company, Butte, John L. Peterson argued, for plaintiff and petitioner.

Eileen Shore argued, Public Service Commission, Helena, for defendants and respondents.

Mike Greely argued, Atty. Gen., Helena, James C. Paine argued, John C. Allen, Montana Consumer Counsel, Helena, Kurt Krueger, Butte Community Union, Mt. Assoc. of Senior Citizens, Butte, and Robert C. Rowe, Missoula, Patrick L. Smith argued, Northern Plains Resource Council, Billings, Daniel Kemmis and Jeanne Kemmis, Human Resources Council, Dist. XI, Missoula, John Doubek argued, Richard Pyfer, Montana Irrigators, Helena, Donald W. Quander, Ideal Basic Industries, ASARCO, Billings, C. William Leaphart, Champion International & CONOCO, Helena, and Linwood Morrell, New York City, Capt. Edwin T. Peterson, U.S. Air Force, Great Falls, Robert L. Deschamps, III, Missoula County Atty., Missoula, James Robischon, Atlantic Richfield, Stauffer Chemical Co., EXXON, Butte, Charles W. Kuether, Great Falls Gas Co., Great Falls, Grant E. Tanner, Lindsay, Hart, Neil & Weitler, D.S.I., Portland, Or., for intervenors.


WEBER, Justice.

Montana Power Company (MPC) requested that this Court assume original jurisdiction of a petition for declaratory judgment, mandate or other appropriate relief. This Court assumed jurisdiction to decide whether the certificate issued by the Board of Natural Resources and Conservation (BNRC) is conclusive and binding on the Public Service Commission (PSC). On this narrow legal question, we hold that the certificate...

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