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COLUMBIA CITY v. UTILITY REGULATORY COM'N

No. 93A02-9207-EX-346.

618 N.E.2d 21 (1993)

City of COLUMBIA CITY, Indiana, by Its Municipally-Owned Electric Utility, Appellant-Petitioner below, v. INDIANA UTILITY REGULATORY COMMISSION, Northeastern Remc and the Office of Utility Consumer Counselor, Appellees-Respondents below.

Court of Appeals of Indiana, Third District.

Rehearing Denied October 4, 1993.

Attorney(s) appearing for the Case

Michael B. Cracraft, Philip B. McKiernan, Hackman McClarnon Hulett & Cracraft, Indianapolis, for appellant-petitioner below.

Randolph L. Seger, Robert B. Scott, McHale, Cook & Welch, P.C., Indianapolis, John S. Bloom, Bloom, Bloom & Gage, P.C., Columbia City, for appellees-respondents below.

STATON, Judge.

In this consolidated appeal, two orders of the Indiana Utility Regulatory Commission ("Commission") are challenged. Northeastern REMC ("REMC") appeals Commission Order 38974 granting the City of Columbia City ("Columbia City") authority to modify its electrical service boundaries to serve annexed commercial territory. Four (restated) issues are presented for our review:

I. Whether the Commission erroneously interpreted the Electricity Suppliers...

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