APPLICATION OF MINNEGASCO

No. C2-97-8.

566 N.W.2d 727 (1997)

In the Matter of the Application of MINNEGASCO, a Division of NorAm Energy Corp., for Authority to Increase Its Natural Gas Rates in Minnesota.

Court of Appeals of Minnesota.

July 29, 1997.


Attorney(s) appearing for the Case

Samuel L. Hanson, Briggs and Morgan, Miggie E. Cramblit, Dougles W. Peterson, Minneapolis, Paul T. Ruxin, Jones, Day, Reavis & Pogue, Chicago, IL, for Relator Minnegasco.

Hubert H. Humphrey, III, Attorney General, Margie E. Hendriksen, Assistant Attorney General, St. Paul, for Respondent Minnesota Public Utilities Commission.

Considered and decided by CRIPPEN, P.J., and HUSPENI and WILLIS, JJ.


OPINION

HUSPENI, Judge.

Relator, a public utility, challenges that portion of respondent's order after reconsideration in which respondent declined to modify one element of a settlement of a rate case to give effect to a recent Minnesota Supreme Court decision. Because relator, at the time it entered into the settlement, reserved the right to have the supreme court decision applied, we reverse respondent's order; because respondent has authority to withdraw...

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