AK PUBLIC UTIL. COM'N v. ANCHORAGE

No. S-6452.

902 P.2d 783 (1995)

ALASKA PUBLIC UTILITIES COMMISSION and State of Alaska, Petitioners, v. MUNICIPALITY OF ANCHORAGE d/b/a Anchorage Telephone Utility, Respondent.

Supreme Court of Alaska.

September 8, 1995.


Attorney(s) appearing for the Case

Virginia A. Rusch, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Petitioners.

Heather H. Grahame and Ann M. Bruner, Bogle & Gates, Anchorage, for Respondent.

Before MOORE, C.J., and RABINOWITZ, MATTHEWS, COMPTON, and EASTAUGH, JJ.


OPINION

COMPTON, Justice.

I. INTRODUCTION

Anchorage Telephone Utility (ATU) charged rates for services not approved by the Alaska Public Utilities Commission (APUC). APUC ordered a refund of approximately half of these revenues. On appeal the superior court, sitting as an intermediate court of appeals, reversed and remanded the case to APUC. In this petition for review, APUC argues that it has implied authority to order such a refund...

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