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SHARK v. NORTHERN STATES POWER CO.

Civ. No. 910104.

477 N.W.2d 251 (1991)

Myer SHARK, Appellant, v. NORTHERN STATES POWER COMPANY and Public Service Commission of North Dakota, and Northern States Power Company Gas Transportation Credit Tariff, Appellees.

Supreme Court of North Dakota.

November 18, 1991.

Attorney(s) appearing for the Case

Myer Shark (argued), pro se. Appearance by Peter B. Crary, Fargo.

William W. Binek (argued), and Illona A. Jeffcoat-Sacco, Asst. Attys. Gen., Public Service Com'n, State Capitol, Bismarck, for appellee Public Service Com'n.

R.W. Wheeler (appearance), Wheeler Wolf, Bismarck, and Gene R. Sommers (argued), Minneapolis, Minn., for appellee Northern States Power Co.

GIERKE, Justice.

Myer Shark appeals from a district court judgment affirming a decision by the North Dakota Public Service Commission [PSC] to allow Northern States Power [NSP] to recover its costs for the construction of a natural gas pipeline by retaining up to $368,640 in credits given to certain customers. We reverse the judgment and remand for proceedings consistent with this opinion.

In 1989 NSP sought to implement a project to bring natural gas from...

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