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NORTHERN STATES POWER CO. v. MINN. P.U.C.

Nos. CX-82-1130, C1-82-1131 and CX-82-1354.

344 N.W.2d 374 (1984)

NORTHERN STATES POWER COMPANY, petitioner, Respondent, v. MINNESOTA PUBLIC UTILITIES COMMISSION, Appellant (C1-82-1131), and Minnesota Department of Public Service, intervenor, Appellant (C1-82-1131), Minnesota Office of Consumer Services, intervenor, Appellant (CX-82-1130), City of Saint Paul, et al., Intervenors-Respondents Below, Minnesota Public Interest Research Group, intervenor, Appellant (CX-82-1354).

Supreme Court of Minnesota.

January 27, 1984.

Attorney(s) appearing for the Case

Leonard J. Keyes, St. Paul, Samuel L. Hanson, Briggs & Morgan, Gene R. Sommers, David A. Lawrence, Minneapolis, for respondent Northern States Power Company.

Hubert H. Humphrey, III, Atty. Gen., Karl W. Sonneman, Sp. Asst. Atty. Gen., St. Paul, for appellant Minnesota Public Utilities Com'n.

Rodney A. Wilson, Sp. Asst. Atty. Gen., St. Paul, for appellant Minnesota Dept. of Public Service.

Richard G. Evans, Regina M. Chu, Sp. Asst. Atty. Gen., St. Paul, for appellant Minnesota Office of Consumer Services.

Daniel W. Lass, E. Gail Suchman, Minneapolis, for appellant Minnesota Public Interest Research Group.

Hubert H. Humphrey, III, Atty. Gen., Ellen C. Dubuque, Sp. Asst. Atty. Gen., St. Paul, for amicus curiae State of Minn.

Heard, considered and decided by the court en banc.

ORDER

This court having heard and considered en banc the petition for rehearing in the above-entitled matter,

IT IS ORDERED that:

1. The opinion filed herein on December 9, 1983, is hereby withdrawn and the attached opinion is substituted;

2. Except as above indicated, the petition for rehearing is denied;

3. Respondent is not allowed attorney fees on this petition pursuant to Rule 140, Rules of Civil Appellate Procedure.

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