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OFFICE OF CONSUMER ADVOCATE v. UTIL. BD.

No. 91-471.

486 N.W.2d 586 (1992)

OFFICE OF CONSUMER ADVOCATE, CONSUMER ADVOCATE DIVISION, IOWA DEPARTMENT OF JUSTICE, Appellant, v. UTILITIES BOARD, UTILITIES DIVISION, IOWA DEPARTMENT OF COMMERCE, Appellee. U S West Communications, Inc. f/k/a Northwestern Bell Telephone Company, Intervenor.

Supreme Court of Iowa.

As Amended on Denial of Rehearing July 17, 1992.

Attorney(s) appearing for the Case

James R. Maret, David R. Conn, and Alice J. Hyde, Des Moines, for appellant.

Susan Allender and Allan Kniep, Des Moines, for appellee.

William K. Schaphorst, Des Moines, for intervenor U S WEST Communications, Inc. f/k/a Northwestern Bell Telephone Co.

Stuart W. Conrad and Paul S. DeFord of Lathrop & Norquist, Kansas City, Mo., and Todd A. Elverson of Eichhorn, Elverson & Vasey, Des Moines, for amicus curiae, Iowa Indus. intervenors.

Considered by HARRIS, P.J., and LARSON, LAVORATO, NEUMAN, and SNELL, JJ.

LARSON, Justice.

Under Iowa's utility regulation statutes, a utility company seeking a rate increase may apply to the Utilities Board of the Iowa Department of Commerce (board) for a temporary rate increase. The board has authority to allow temporary increases at rates set by the board, and the temporary rates will prevail until the board rules on the rate increase application and sets permanent rates. If the permanent rates are set lower than the temporary rates...

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