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UNITED RURAL ELEC. MEMBERSHIP CORP. v. IND. & MICH. ELEC. CO.

No. 93S02-9002-EX-99.

549 N.E.2d 1019 (1990)

UNITED RURAL ELECTRIC MEMBERSHIP CORPORATION, Jay County Rural Electric Membership Corporation, Whitley County Rural Electric Membership Corporation, Indiana Statewide Association of Rural Electric Cooperatives, Inc., Wabash Valley Power Association, Inc., and Paulding-Putnam Electric Cooperative, Inc., Appellants, v. INDIANA & MICHIGAN ELECTRIC COMPANY, General Motors Corporation, City of Bluffton, Indiana, City of Columbia City, Indiana, Town of South Whitley, Indiana, Town of Warren, Indiana, City of Fort Wayne, Indiana, County of Allen, State of Indiana, the Greater Fort Wayne Area Chamber of Commerce, Uaw and the Utility Consumer Counselor of the State of Indiana, Appellees.

Supreme Court of Indiana.

February 6, 1990.

Attorney(s) appearing for the Case

David S. Richey, Parr, Richey, Obremskey & Morton, Indianapolis, Stanley H. Matheny, Matheny, Michael, Hahn & Bailey, Huntington, for appellants.

Don F. Morton, Carol Sparks Drake, Parr, Richey, Obremskey & Morton, Wabash Valley Power Ass'n, Indianapolis, for appellant-intervenor.

Milford M. Miller and Edward J. Liptak, Livingston, Dildine, Haynie & Yoder, Fort Wayne, John F. Wickes, Jr., Scopelitis, Garvin & Wickes, Indianapolis, Langdon D. Bell and Judith B. Sanders, Bell & Bentine Co., L.P.A., Columbus, Ohio, for appellees.

SHEPARD, Chief Justice.

We must decide whether the Indiana Utility Regulatory Commission1 properly exercised its statutory authority in the boundary dispute between United Rural Electric Membership Corporation and Indiana & Michigan Electric Company. We hold that the commission exceeded its authority.

Appellant United REMC is a cooperative engaged in the retail sale of electricity in various counties in northern Indiana.

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