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OFFICE OF CONSUMER COUNSEL v. P.U.C.

No. 86SA53.

752 P.2d 1049 (1988)

COLORADO OFFICE OF CONSUMER COUNSEL, Petitioner-Appellant and Cross-Appellee, v. PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO, Edythe S. Miller, Andra Schmidt, and Ronald L. Lehr, as Commissioners thereof, and Mountain States Telephone and Telegraph Company, Respondents-Appellees, and AT & T Communications of the Mountain States, Inc., and Colorado Municipal League, Intervenors-Appellees. COLORADO MUNICIPAL LEAGUE, Plaintiff-Appellee and Cross-Appellant, v. PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO, Edythe S. Miller, Andra Schmidt and Ronald L. Lehr, as Commissioners thereof, and Mountain States Telephone and Telegraph Company, Defendants-Appellees, and AT & T Communications of the Mountain States, Inc., Intervenor, and Colorado Office of Consumer Counsel, Intervenor-Appellant.

Supreme Court of Colorado, En Banc.

March 14, 1988.

Attorney(s) appearing for the Case

Anthony Marquez, Denver, for Colorado Office of Consumer Counsel.

Gorsuch, Kirgis, Campbell, Walker and Grover, Dudley P. Spiller, Jr., Joseph B. Wilson, Denver, for Colorado Mun. League.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mark A. Davidson, Eugene C. Cavaliere, Asst. Attys. Gen., Denver, for Public Utilities Comn.

Eiberger, Stacy & Smith, Steven H. Denman, Denver, for Mountain States Tel. and Tel. Co.

VOLLACK, Justice.

The Colorado Municipal League (League) and the Office of Consumer Counsel (Office) appeal the order of the Denver District Court affirming the decisions of the Public Utilities Commission (Commission) to permit tariff increases requested by Mountain States Telephone and Telegraph Co. (Mountain Bell) to go into effect. The League and the Office claim that the Commission abused its discretion in failing to hold formal hearings, in permitting the tariffs...

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