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MATTER OF CITY OF ROCHESTER

No. C6-91-810.

478 N.W.2d 329 (1991)

In the Matter of a Petition by the CITY OF ROCHESTER, Minnesota, for an Order Establishing Petitioner's Rights to Provide Electric Service to Certain Street Lights Constructed and Owned by Petitioner and Located in the City of Rochester Adjacent to Highway 63 North, in the Service Territory of People's Cooperative Power Association, Respondent.

Court of Appeals of Minnesota.

Review Denied January 30, 1992.

Attorney(s) appearing for the Case

Joseph F. Chase, R.V. Ehrick, O'Brien, Ehrick, Wolf, Deaner & Maus, Rochester, for relator City of Rochester.

Hubert H. Humphrey, III, Atty. Gen., Rosellen M. Condon, Sp. Asst. Atty. Gen., St. Paul, for respondent Minn. Public Utilities Com'n.

Kenneth R. Moen, Dunlap, Finseth, Berndt & Sandberg, P.A., Rochester, for respondent People's Co-op. Power Ass'n.

Joan C. Peterson, Sp. Asst. Atty. Gen., St. Paul, for respondent Minn. Dept. of Public Service.

Andrew J. Shea, McGrann Shea Franzen Carnival Straughn & Lamb, Chartered, Minneapolis, for amicus curiae Minn. Mun. Utilities Ass'n.

Considered and decided by HUSPENI, P.J. and AMUNDSON and THOREEN, JJ.

OPINION

AMUNDSON, Judge.

Relator City of Rochester filed a petition with the Minnesota Public Utilities Commission (Commission), requesting the city's municipal utility be allowed to extend electric service to street lights located within respondent People's Cooperative Power Association's (Association) assigned service area. The city argued it should be allowed to provide service to the street lights pursuant to a provision within the Public Utilities Act...

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