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TRI-STATE GENERATION & TRANS. v. WYO. PSC.

No. 86-223.

735 P.2d 718 (1987)

TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., Wyrulec Company and Carbon Power and Light, Inc., Petitioners, v. The WYOMING PUBLIC SERVICE COMMISSION; Charles E. Johnson; John R. Smyth; Nels J. Smith; Pacificorp; and Shoshone River Power, Inc., Respondents. HOT SPRINGS RURAL ELECTRIC ASSOCIATION, INC., and Riverton Valley Electric Association, Inc., Petitioners, v. The PUBLIC SERVICE COMMISSION OF WYOMING; Charles E. Johnson; John R. Smyth; Nels J. Smith, in their official capacities as Commissioners of the Public Service Commission of Wyoming; Pacificorp d/b/a Pacific Power & Light Company; and Shoshone River Power, Inc., Respondents. The WHEATLAND RURAL ELECTRIC ASSOCIATION, INC., Petitioner, v. The WYOMING PUBLIC SERVICE COMMISSION; Charles E. Johnson; John R. Smyth; Nels J. Smith; in their official capacities as Commissioners of the Wyoming Public Service Commission, Respondents. WYOMING RURAL ELECTRIC ASSOCIATION, Petitioner, v. The WYOMING PUBLIC SERVICE COMMISSION; Charles E. Johnson; John R. Smyth; Nels J. Smith; in their official capacities as Commissioners of the Wyoming Public Service Commission; Pacificorp d/b/a Pacific Power & Light Company; and Shoshone River Power, Inc., Respondents. RURAL ELECTRIC COMPANY, Petitioner, v. The WYOMING PUBLIC SERVICE COMMISSION; Charles E. Johnson; John R. Smyth; Nels J. Smith; in their official capacities as Commissioners of the Wyoming Public Service Commission; Pacificorp, d/b/a Pacific Power & Light Company; and Shoshone River Power, Inc., Respondents. SHERIDAN-JOHNSON RURAL ELECTRIFICATION ASSOCIATION, Petitioner, v. The WYOMING PUBLIC SERVICE COMMISSION; Charles E. Johnson; John R. Smyth; Nels J. Smith; in their official capacities as Commissioners of the Wyoming Public Service Commission; Pacificorp, d/b/a Pacific Power & Light Company; and Shoshone River Power, Inc., Respondents.

Supreme Court of Wyoming.

April 16, 1987.

Attorney(s) appearing for the Case

Michael A. Williams, Robert E. Youle, Edward A. Gleason (argued), and John C. Smiley of Sherman & Howard, Denver, Colo., Bruce S. Asay of Kline, Buck & Asay, Cheyenne; Thomas M. McCaffrey of Tri-State G & T Assoc., Inc., Denver, Colo., for Tri-State Generation & Transmission Assoc., Inc.

Frederick J. Harrison, Rawlins (argued), for Carbon Power & Light, Inc., Hot Springs Rural Elec. Ass'n, Inc., Riverton Valley Elec. Ass'n, Inc., Wheatland Rural Elec. Ass'n, Inc., Wyoming Rural Elec. Ass'n, Rural Elec. Co., and Wyrulec.

Robert W. Connor, Jr., Sheridan, for Sheridan-Johnson Rural Electrification Ass'n; submitted on brief.

A.G. McClintock, Atty. Gen., Mary B. Guthrie, Sr. Asst. Atty. Gen., and Roger C. Fransen, Asst. Atty. Gen. (argued), for Public Service Com'n.

Stanley K. Hathaway (argued) of Hathaway, Speight and Kunz, Cheyenne, and George M. Galloway of Stoel, Rives, Boley, Fraser & Wyse, Portland, Or., for Pacific Power & Light Co.

Robert D. Olson (argued), and James M. Guill of Goppert & Olson, Cody, for Shoshone River Power, Inc.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

CARDINE, Justice.

This is an appeal from a Public Service Commission order approving respondent Pacific Power and Light Company's purchase of all of the assets of respondent Shoshone River Power, Inc. Petitioners contend that the Public Service Commission erred in ruling that the proceeding did not constitute a contested case.

We reverse.

Petitioner Tri-State Generation and Transmission Association, Inc. (Tri-State) is a non-profit cooperative association...

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