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TESORO ALASKA PETRO. v. KENAI PIPE LINE

Nos. S-1769, S-1798 and S-1799.

746 P.2d 896 (1987)

TESORO ALASKA PETROLEUM COMPANY, Appellant, v. KENAI PIPE LINE COMPANY and State of Alaska, Alaska Public Utilities Commission, Appellees. KENAI PIPE LINE COMPANY, Appellant, v. STATE of Alaska, ALASKA PUBLIC UTILITIES COMMISSION, and Tesoro Alaska Petroleum Company, Appellees. STATE of Alaska, ALASKA PUBLIC UTILITIES COMMISSION, Appellant, v. KENAI PIPE LINE COMPANY and Tesoro Alaska Petroleum Company, Appellees.

Supreme Court of Alaska.

December 4, 1987.

Attorney(s) appearing for the Case

Andrew E. Hoge, David S. Johnson, Hoge and Lekisch, Anchorage, for Kenai Pipe Line Co.

Robin O. Brena, Atkinson, Conway & Gagnon, Anchorage, for Tesoro Alaska Petroleum Co.

Virginia A. Rusch, Asst. Atty. Gen., Anchorage, Grace Berg Schaible, Atty. Gen., Juneau, for Alaska Public Utilities Commission.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

BURKE, Justice.

This case concerns the regulatory authority of the Alaska Public Utilities Commission (APUC) under the Pipeline Act, AS 42.06.140-.640. In short, we must determine whether the APUC has jurisdiction to regulate the transportation of crude and refined oil through Kenai Pipe Line Company's (KPL) marine terminal facilities. The APUC concluded that it had jurisdiction over all movements of oil, crude and refined. The superior court affirmed...

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