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MONTANA DAKOTA UTILITIES CO. v. PSC

No. 92-61.

847 P.2d 978 (1993)

MONTANA DAKOTA UTILITIES CO., a Division of MDU Resources Group, Inc., Petitioner, v. The PUBLIC SERVICE COMMISSION OF WYOMING, Bil Tucker, Chairman, John R. Smyth, and Stephen N. Ellenbecker, Commissioners, Respondents.

Supreme Court of Wyoming.

February 19, 1993.

Attorney(s) appearing for the Case

Bruce S. Asay, Cheyenne, Douglas W. Schulz, Bismarck, ND, for petitioner.

Joseph B. Meyer, Atty. Gen., Michael L. Hubbard, Sr. Asst. Atty. Gen., Kristin H. Lee, Asst. Atty. Gen., Cheyenne, for respondents.

Before MACY, C.J., and THOMAS, CARDINE, URBIGKIT and GOLDEN, JJ.

GOLDEN, Justice.

In this appeal, on certification from the district court pursuant to Wyo.R.App.P. 12.09, we are asked to answer the principal questions whether in a pass-on rate increase procedure the Wyoming Public Service Commission (PSC) may adjust a gas utility's proposed apportionment of a refund ordered by the Federal Energy Regulatory Commission (FERC) and a non-gas component of the retail rate sought to be recovered by the gas utility from its customers....

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