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ALA. PUB. SERV. v. GAS UTILITIES

1931700, 1931849 and 1940006.

678 So.2d 747 (1996)

ALABAMA PUBLIC SERVICE COMMISSION v. GAS UTILITIES OF ALABAMA, INC. ALABAMA GAS CORPORATION v. GAS UTILITIES OF ALABAMA, INC. Winnie L. THOMAS and Lena Mae Calhoun v. GAS UTILITIES OF ALABAMA, INC.

Supreme Court of Alabama.

April 19, 1996.

Attorney(s) appearing for the Case

Suellen Lambert Young, Montgomery, for Alabama Public Service Comm'n.

Joseph B. Mays, Jr. and Philip J. Carroll III of Bradley, Arant, Rose & White, Birmingham, and Dudley C. Reynolds and Amy Watson Stewart, Birmingham, for Alabama Gas Corporation.

Stanley Weissman, Alabama Consortium of Legal Services Programs, Montgomery, and Laura E. Nolan, Legal Services Corporation of Alabama, Montgomery, for Winnie L. Thomas and Lena Mae Calhoun.

F. Chadwick Morriss and Paul M. James, Jr. of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for Appellee.

G. Edgar Downing, Jr., Mobile, and E.B. Peebles III and Duane A. Graham of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, L.L.C., Mobile, for Amicus Curiae Mobile Gas Service Corporation.

ALMON, Justice.

The Alabama Public Service Commission ("PSC"), Alabama Gas Corporation ("Alabama Gas"), and two intervenors, Lena Mae Calhoun and Winnie L. Thomas, appeal from a judgment reversing the PSC's holding that Gas Utilities of Alabama, Inc. ("GUA"), is subject to regulation by the PSC. The PSC had held that GUA was a "transportation company" under the definition of that term in § 37-2-1, Ala.Code 1975, and, therefore, subject to regulation by the PSC...

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