NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORPORATION, Appellant,
v.
Public Service Commission of Indiana, Wabash Valley Power Association, Inc., Office of the Utility Consumer Counselor, City of Fort Wayne, Indiana, Public Service Company of Indiana, Inc., Fruit Belt Electric Cooperative, Jay County Remc, United Remc, Warren County Remc, Boone County Remc, Kankakee Valley Remc, and United States of America On Behalf of Its Rural Electrification Administration, Department of Agriculture, Appellees.
Court of Appeals of Indiana, Third District.https://leagle.com/images/logo.png
September 12, 1988.
Rehearing Denied December 7, 1988.
Attorney(s) appearing for the Case
Fred E. Schlegel, Michael J. Huston, Mary M. Stanley, Baker & Daniels, Indianapolis (Milbank, Tweed, Hadley & McCloy, New York City, of counsel), for appellant Nat. Rural Utilities Co-op. Finance Corp.
Bradley L. Williams, Deborah J. Daniels, U.S. Attys., Richard K. Willard, John R. Bolton, Asst. Attys. Gen., Jeffrey L. Hunter, Gerald A. Coraz, Asst. U.S. Attys., Indianapolis, for intervenor-appellant U.S., on behalf of its Rural Electrification Admin., Dept. of Agriculture.
Linley E. Pearson, Atty. Gen., Brenda Franklin Rodeheffer, Deputy Atty. Gen., Indianapolis, for appellee Indiana Utility Regulatory Com'n.
Don F. Morton, Parr, Richey, Obremskey & Morton, Indianapolis, for appellee Wabash Valley Power Ass'n, Inc.
Thomas E. Kieper, Consumer Counselor, James W. Burk, Asst. Consumer Counselor, Office of Utility Consumer Counselor, Indianapolis, for appellee Office of Utility Consumer Counselor.
Dykema Gossett, Albert Ernst, Margaret A. Morris, Dean Van Drasek, Lansing (John Coldren, Coldren & Frantz, Portland, of counsel), for intervenors-appellees Jay County REMC, United REMC, Warren County REMC, Boone County REMC and Fruit Belt Elec. Co-op.
William M. Evans, Bose McKinney & Evans, Indianapolis (Leo Clifford, Clifford, Clauden & Alexa, Valparaiso, of counsel), for intervenor-appellee Kankakee Valley REMC.
Court of Appeals of Indiana, Third District.
GARRARD, Presiding Judge.
This is an appeal from the dismissal by the Public Service Commission of Indiana1 (Commission) of Wabash Valley Power Association's (Wabash) petition for a rate increase. The following issues are raised by this appeal:
1) Whether the Commission had jurisdiction of the petition for rate increase;2) Whether the Commission abused its discretion by dismissing...
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