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IOWA-ILL. GAS & ELEC. v. IOWA S. COM. COM'N

No. 83-656.

347 N.W.2d 423 (1984)

IOWA-ILLINOIS GAS AND ELECTRIC COMPANY, Appellant, v. IOWA STATE COMMERCE COMMISSION, Appellee, Iowa Planners Network, Intervenor-Appellee. IOWA PLANNERS NETWORK, Appellant, v. IOWA STATE COMMERCE COMMISSION, Appellee, Iowa-Illinois Gas and Electric Company, Intervenor-Appellee.

Supreme Court of Iowa.

Rehearing Denied May 10, 1984.

Attorney(s) appearing for the Case

D.H. Sitz and Terry M. Giebelstein of Lane & Waterman, and E.J. Hartman and Brent E. Gale, Davenport, for appellant Iowa-Illinois.

Roger Colton, Ames, for appellant Iowa Planners.

Michael R. May, and Philip E. Stoffregen, General Counsel, and Patrick J. Nugent, Deputy Counsel, Des Moines, for appellee commission.

William F. Sueppel of Meardon, Sueppel, Downer & Hays, Iowa City, for amicus curiae League of Iowa Municipalities.

Terry C. Hancock and Sheila K. Tipton of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for amicus curiae Iowa Power and Light Company.

Jim D. DeKoster and E.R. McCann of Swisher & Cohrt, Waterloo, for amicus curiae Iowa Public Service Company.

Considered by HARRIS, P.J., and McCORMICK, McGIVERIN, SCHULTZ and WOLLE, JJ.

McCORMICK, Justice.

We must here decide issues of standing and the constitutionality of a commerce commission decision reducing a utility's return on excess generating capacity. Respondent Iowa State Commerce Commission used a formula lowering the return of petitioner Iowa-Illinois Gas and Electric Company on what the commission determined to be excess electric generating capacity in a contested case proceeding arising from an Iowa-Illinois application for a rate...

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