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BASIN ELEC. POWER v. DEPT. OF PUBLIC SERV. REG.

No. CV-84-138-H.

608 F.Supp. 772 (1985)

BASIN ELECTRIC POWER COOPERATIVE, Plaintiff, v. DEPARTMENT OF PUBLIC SERVICE REGULATION, MONTANA PUBLIC SERVICE COMMISSION and Thomas Schneider, John Driscoll, Howard Ellis, Clyde Jarvis and Danny Oberg as Commissioners; United States Department of Energy; Donald P. Hodel, as Secretary of United States Department of Energy; Western Area Power Administration; Robert L. McPhail, As Administrator of Western Area Power Administration; Bonneville Power Administration and Peter T. Johnson as Administrator of Bonneville Power Administration, Defendants.

United States District Court, D. Montana, Helena Division.

January 11, 1985.

Attorney(s) appearing for the Case

Stephen H. Foster, Holland & Hart, Billings, Mont., and Robert T. Connery, Robert M. Pomeroy, Jr., Michael J. Brennan, Holland & Hart, Denver, Colo., for plaintiff.

Eileen E. Shore, Robert A. Nelson, Staff Attys., Helena, Mont., for Dept. of Public Service Regulation, Montana Public Service Com'n, Thomas Schneider, John Driscoll, Howard Ellis, Clyde Jarvis and Danny Oberg.

Frank D. Meglen, Asst. U.S. Atty., Billings, Mont., for U.S. Dept. of Energy, Donald P. Hodel, Western Area Power Admin., Robert L. McPhail and Bonneville Power Admin.

MEMORANDUM OPINION

BATTIN, Chief Judge.

Plaintiff Basin Electric Power Cooperative (Basin Electric) has filed a second motion for summary judgment in the above-captioned case. Plaintiff asserts that defendant Montana Public Service Commission (PSC) lacks statutory authority and does not have standing to raise any claims for relief set forth in its cross-claim. Specifically, the PSC is claiming violations of the National Environmental Policy Act (NEPA), 42...

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