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PUBLIC SERVICE CO. v. PUBLIC UTILITIES COM'N

No. 83SA289.

687 P.2d 968 (1984)

PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Petitioner-Appellant, v. The PUBLIC UTILITIES COMMISSION OF the STATE of COLORADO; Commissioners Edythe S. Miller, Daniel E. Muse and Clarence Raymond Clark, III; and Energenics Systems, Inc., Respondents-Appellees.

Supreme Court of Colorado, En Banc.

September 4, 1984.

Attorney(s) appearing for the Case

Kelly, Stansfield & O'Donnell, James R. McCotter, Denver, for petitioner-appellant.

L. Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard Forman, Sol. Gen., Eugene C. Cavaliere, Deputy Atty. Gen., Denver, for Public Utilities Com'n.

Jeffrey G. Pearson, Denver, for Energenics Systems, Inc.

ROVIRA, Justice.

This is an appeal by Public Service Company of Colorado (PS Co) from a Denver District Court judgment which affirmed an order of the Public Utilities Commission (PUC) requiring PS Co to enter into a ten-year contract with Energenics Systems, Inc. (Energenics) for the purchase of electricity by PS Co from Energenics at certain rates. We affirm.

I.

In 1978, the Congress enacted legislation in response to the nationwide energy crisis...

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