OFFICE OF CONSUMER COUN. v. PUBLIC SERV.

No. 93SA181.

877 P.2d 867 (1994)

The COLORADO OFFICE OF CONSUMER COUNSEL, Petitioner-Appellee, v. PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Respondent-Appellant, and The Public Utilities Commission of the State of Colorado; and Commissioners Robert E. Temmer, Gary Nakarado, and Christine E.M. Alvarez, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 15, 1994.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Steven ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., James R. Lewis, Sr. Asst. Atty. Gen., Barbara C. Sohnen, Sp. Asst. Atty. Gen., Dept. of Law, Denver, for petitioner-appellee.

LeBoeuf, Lamb, Greene & MacRae, Kenneth V. Reif, Elizabeth A. Bryant, Denver, for respondent-appellant.

No appearance on behalf of respondents.


Justice VOLLACK delivered the Opinion of the Court.

This case is an appeal by the Public Service Company of Colorado (Public Service)1 from an Order of the Denver District Court.2 The district court determined that the Public Utilities Commission (PUC or Commission) engaged in unlawful retroactive ratemaking by awarding a bonus to Public Service after Public Service successfully pursued litigation against a...

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