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MOUNTAIN WATER CO. v. MONTANA DPS

No. 91-446.

835 P.2d 4 (1992)

MOUNTAIN WATER COMPANY, a Montana corporation, Plaintiff and Respondent, v. MONTANA DEPARTMENT OF PUBLIC SERVICE REGULATION, Montana Public Service Commission, and Montana Consumer Counsel, Defendants and Appellants.

Supreme Court of Montana.

Decided July 21, 1992.

As Modified on Denial of Rehearing August 13, 1992.

Attorney(s) appearing for the Case

Robin A. McHugh, Sp. Asst. Atty. Gen., Public Service Com'n, Mary Wright, Staff Atty., Sp. Asst. Atty. Gen., Montana Consumer Counsel, Helena, for defendants and appellants.

John Alke, Hughes, Kellner, Sullivan and Alke, Helena, for plaintiff and respondent.

McDONOUGH, Justice.

Montana Department of Public Service Regulation, Montana Public Service Commission, and Montana Consumer Counsel appeal from an order of the First Judicial District, Lewis and Clark County, in favor of Mountain Water Company. We reverse.

We frame the following issue for appeal:

Whether the Public Service Commission's refusal to authorize recovery through prospective rate setting of past period § 69-4-511, MCA, expenses did...

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