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MATTER OF PEOPLE'S CO-OP. POWER ASS'N

Nos. C1-90-2485, C1-90-2499.

470 N.W.2d 525 (1991)

In the Matter of the Complaint Regarding the ANNEXATION OF A PORTION OF THE SERVICE TERRITORY OF PEOPLE'S COOPERATIVE POWER ASSOCIATION by the CITY OF ROCHESTER (NORTH PARK ADDITIONS).

Court of Appeals of Minnesota.

Review Denied July 24, 1991.

Attorney(s) appearing for the Case

R.V. Ehrick and Steven S. Fuller, O'Brien, Ehrick, Wolf, Deaner & Maus, Rochester, for relator City of Rochester.

Hubert H. Humphrey, III, Atty. Gen., and Margaret Eileen Hendriksen, Sp. Asst. Atty. Gen., St. Paul, for relator Minnesota Public Utilities Com'n.

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

Hubert H. Humphrey, III, Atty. Gen. and Joan C. Peterson, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Dept. of Public Service.

Andrew J. Shea and Richard L. Evans, McGrann, Shea, Franzen, Carnival & Lamb, Minneapolis, for relator Minnesota Mun. Utilities Ass'n.

Harold P. LeVander, Jr., Maun & Simon, St. Paul, for respondent Minnesota Rural Elec. Ass'n.

Considered and decided by DAVIES, P.J., and CRIPPEN and SHORT, JJ.

OPINION

CRIPPEN, Judge.

The City of Rochester appeals the Minnesota Public Utilities Commission's determination that it must pay compensation to a rural electric cooperative pursuant to Minn. Stat. § 216B.44 (1988). We affirm.

FACTS

In 1987, the City of Rochester annexed two subdivisions (North Park and North Park II) covering an area previously within the electric service territory of People's Cooperative Power Association. Rochester...

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