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MONTANA-DAKOTA UTIL. v. PUB. SERV. REG.

No. 87-60.

752 P.2d 155 (1988)

MONTANA-DAKOTA UTILITIES CO., a Delaware Corporation, Plaintiff, Petitioner and Appellant, v. MONTANA DEPARTMENT OF PUBLIC SERVICE REGULATION, Montana Public Service Commission, and Montana Consumer Counsel, Defendants, Respondents and Respondents.

Supreme Court of Montana.

Decided March 11, 1988.

Attorney(s) appearing for the Case

Hughes, Kellner, Sullivan & Alke; John Alke & George Dalthorp argued, Helena, Steven G. Gerhart, Mont-Dakota Utilities, Bismarck, N.D., for plaintiff, petitioner and appellant.

Geralyn Driscoll argued, Public Service Com'n, Mary Wright argued, Montana Consumer Counsel, Helena, for defendants, respondents and respondents.

TURNAGE, Chief Justice.

Plaintiff Montana-Dakota Utilities Company (MDU) appeals a December 7, 1986, judgment of the First Judicial District Court, Lewis and Clark County. The District Court upheld the decision of the Montana Public Service Commission (PSC), which reduced the coal expenses used by MDU in setting rates for Montana electric service. We affirm.

MDU raises three issues for our review:

1. Did the...

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