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ALASKA CONSUMER ADVOCACY PROGRAM v. PUC

Nos. S-3172, S-3173.

793 P.2d 1028 (1990)

ALASKA CONSUMER ADVOCACY PROGRAM, Appellant, v. ALASKA PUBLIC UTILITIES COMMISSION and Alascom, Inc., Appellees. ALASCOM, INC., Cross-Appellant, v. ALASKA PUBLIC UTILITIES COMMISSION and Alaska Consumer Advocacy Program, Cross-Appellees.

Supreme Court of Alaska.

June 1, 1990.

Attorney(s) appearing for the Case

Joel A. Rothberg, Anchorage, for appellant and cross-appellee Alaska Consumer Advocacy Program.

Julian L. Mason and A. William Saupe, Ashburn & Mason, Anchorage, and Elisabeth H. Ross, Birch, Horton, Bittner & Cherot, Washington, D.C., for appellee and cross-appellant Alascom.

Glenn M. Gustafson, Asst. Atty. Gen., Anchorage, and Douglas B. Bailey, Atty. Gen., Juneau, for appellee and cross-appellee Alaska Public Utilities Com'n.

Before RABINOWITZ, BURKE, COMPTON and MOORE, JJ.

OPINION

MOORE, Justice.

As a result of unforeseen growth in Alaska interstate telephone usage, an interstate revenue settlement agreement between Alascom and AT & T provided substantially more income to Alascom than anticipated. In subsequent intrastate rate making proceedings before the Alaska Public Utilities Commission ("APUC"), Alascom argued that it was entitled to this excess while the APUC staff and the Alaska Consumer Advocacy Program ("ACAP...

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