IOWA POWER AND LIGHT COMPANY, Iowa-Illinois Gas and Electric Company, Iowa Public Service Company, Iowa Electric Light and Power Company, Iowa Southern Utilities Company, and Union Electric Company, Petitioners-Appellees,
Office of Consumer Advocate, Iowa Association of Municipal Utilities, Heartland Consumers Power District, Missouri Basin Mutual Power Agency, and 16 Iowa Municipalities, Intervenors-Appellees,
v.
IOWA STATE COMMERCE COMMISSION, Respondent-Appellant.
Board of Water Works Trustees of the Ottumwa Water Works and Hydro-Electric Plant and Iowa Consumer Groups, Intervenors-Appellants.
Supreme Court of Iowa.https://leagle.com/images/logo.png
July 22, 1987.
Rehearing Denied August 21, 1987.
Attorney(s) appearing for the Case
Susan Allender, David J. Lynch, and Diane Munns, Office of Gen. Counsel, for appellant Com'n.
Michael R. May of Barrett & Trott, Des Moines, for appellant Bd. of Water Works Trustees of the Ottumwa Water Works and Hydro-electric Plant.
Roger D. Colton, Boston, Mass., for appellant Iowa Consumer Groups.
Terry C. Hancock and Sheila K. Tipton of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for petitioner-appellees.
James R. Maret and Daniel J. Fay, for appellee Consumer Advocate Div., Iowa Justice Dept.
David P. Yaffe and Sharon K. Ochs of Duncan, Allen & Mitchell, Washington, D.C., Robert Pflueger of Pflueger, Kunz & McLaughlin, P.A., Ortonville, Minn., and LeRoy R. Voigts and Randall G. Horstmann of Nyemaster, Goode, McLaughlin, Emery & O'Brien, Des Moines, for intervenor-appellee Missouri Basin, et al.
Considered en banc.
Supreme Court of Iowa.
HARRIS, Justice.
The question here is whether respondent Iowa state commerce commission1 properly discharged its statutory mandate in setting rates for alternate energy production facilities [AEP's] and small hydro facilities. The commission's action in setting a state-wide, fixed, minimum rate was challenged by seven investor-owned public utilities. The district court found the challenge was valid. We agree.
Both congress
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