UTILICORP UNITED v. IOWA UTILITIES BD.

No. 96-1399.

570 N.W.2d 451 (1997)

UTILICORP UNITED INC. d/b/a Peoples Natural Gas Company, Plaintiff-Movant, v. IOWA UTILITIES BOARD, UTILITIES DIVISION, DEPARTMENT OF COMMERCE, Defendant.

Supreme Court of Iowa.

Rehearing Denied January 9, 1998.


Attorney(s) appearing for the Case

Helen C. Adams and Philip E. Stroffregen of Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, and Floyd R. Finch, Jr. and David L. Rein, Jr. of Blackwell, Sanders, Matheny, Weary & Lombardi, L.C., Kansas City, MO, for plaintiff-movant.

Diane Munns and Gary D. Stump, Des Moines, for defendant.

Thomas J. Miller, Attorney General, and Elizabeth M. Osenbaugh, Solicitor General, for amicus curiae State of Iowa.

Considered en banc.


HARRIS, Justice.

We are asked by certified questions1 whether section 12 of 1996 Iowa Acts chapter 1196 (prohibiting nonutility use of equipment paid for by utility customers) violates various provisions of the Iowa Constitution. Finding no such violations, we answer all questions in the negative.

The bill in question, including its section 12, enacted by the 76th Iowa General Assembly, is referred to in the certified questions...

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