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CASS COUNTY ELECTRIC CO-OP. v. NSP

Civ. Nos. 930333, 930356.

518 N.W.2d 216 (1994)

CASS COUNTY ELECTRIC COOPERATIVE, INC., Appellant, v. NORTHERN STATES POWER COMPANY and North Dakota Public Service Commission, Appellees.

Supreme Court of North Dakota.

June 20, 1994.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for appellant; argued John D. Kelly; appearance by Pamela J. Hermes.

Zuger Kirmis & Smith, Bismarck, for appellee Northern States Power Co.; argued by Daniel S. Kuntz; appearance by James P. Johnson.

Charles E. Johnson (argued), Asst. Atty. Gen., Public Service Com'n, State Capitol, Bismarck, for appellee ND Public Service Com'n.

MESCHKE, Acting Chief Justice.

In these consolidated appeals by Cass County Electric Cooperative, Inc. (CCEC), from district court judgments affirming Public Service Commission (PSC) orders, we consider the validity of flexible tariffs with minimum/maximum rate ranges approved by the PSC that permit actual charges to be negotiated between Northern States Power Company (NSP) and its customers. We conclude that the flexible...

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