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MINNEGASCO v. MINNESOTA PUBLIC UTIL. COM'N

Nos. C5-94-1820, C7-94-1821.

549 N.W.2d 904 (1996)

MINNEGASCO, A DIVISION OF NORAM ENERGY CORP., f/k/a/ Minnegasco, a Division of Arkla, Inc., Petitioner, Appellant, Northern States Power Co., et al., Petitioners, Appellants, v. MINNESOTA PUBLIC UTILITIES COMMISSION, Respondent, Minnesota Alliance for Fair Competition, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 18, 1996.

Attorney(s) appearing for the Case

Margie E. Hendricksen, Asst. Atty. Gen., St. Paul, for Respondent M.P.U.C.

James D. Larson, Wurst, Pearson, Larson, Underwood & Mertz, Minneapolis, for Respondent Minnesota Alliance for Fair Competition.

Scott W. Johnson, Faegre & Benson, Minneapolis, for Amicus Curiae.

Miggie E. Cramblit, Minnegasco, Samuel L. Hanson, Briggs & Morgan, Minneapolis (Paul T. Ruxin, Jones, Day, Reavis & Pouge, Cleveland, OH, of counsel), for Appellant Minnegasco.

Michael J. Bradley, M. Cecilia Ray, Moss & Barnett, Minneapolis, for Appellant N.S.P.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

Minnegasco appeals a decision of the court of appeals affirming the Minnesota Public Utilities Commission's (MPUC) order in In the Matter of the Complaint of the Minnesota Alliance for Fair Competition Against Minnegasco, a Division of Arkla, Inc., No. G-008/C-91-942. At issue in this appeal are those parts of the MPUC's order: (1) authorizing the MPUC to impute revenue to Minnegasco for the value of Minnegasco's good will used...

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