CITY OF AURORA v. PUBLIC UTILITIES COM'N

No. 88SA256.

785 P.2d 1280 (1990)

The CITY OF AURORA, Colorado, a municipal corporation, Petitioner-Appellant, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO and Edythe S. Miller, Andra Schmidt, and Ronald L. Lehr, Commissioners; Staff of the Colorado Public Utilities Commission; Centel Corporation; Southern Colorado Power; Public Service Company of Colorado; Colorado Rural Electric Association; Tri-State Generation and Transmission Association, Inc.; Intermountain Rural Electric Association; Home Builders Association; Empire Electric Association, Inc.; Union Oil Company of California; and Colorado Office of Consumer Counsel, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

January 29, 1990.


Attorney(s) appearing for the Case

Kissinger & Lansing, P.C., Carl F. Lansing, Denver, for petitioner-appellant.

Kelly, Stansfield & O'Donnell, James K. Tarpey, Kevin W. Hecht and Charles L. West, Denver, for respondent-appellee Public Service Co. of Colorado.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Carol Smith Rising, Asst. Atty. Gen., Denver, for respondent-appellee, Colorado Public Utilities Com'n.


Chief Justice QUINN delivered the Opinion of the Court.

The City of Aurora appeals from a judgment of the district court affirming the Public Utilities Commission's adoption of a rule establishing a "gross embedded investment" methodology for calculating a utility construction allowance applicable to the service extension facilities for new electric utility customers.1 The district court held that the Public Utility Commission regularly...

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