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  5. 560 N.W.2d 925 (1997)
 

MATTER OF NORTHWESTERN PUBLIC SERVICE CO.

Nos. 19520, 19528.

560 N.W.2d 925 (1997)

1997 SD 35

In the Matter of the Petition for Declaratory Ruling of NORTHWESTERN PUBLIC SERVICE COMPANY with Regard to Electric Service to Hub City.

Supreme Court of South Dakota.

Decided April 2, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Karen Cremer, Special Assistant Attorney General, Pierre, for appellant, Public Utilities Commission.

Susan Anderson Bachman, Alan D. Dietrich, Huron, for appellant, Northwestern Public Service.

Harvey A. Oliver, Jr. of Richards and Oliver, Aberdeen, for appellee, Northern Electric Cooperative.

TIMM, Circuit Judge.

[¶ 1] On January 3, 1995, the Public Utilities Commission (PUC) authorized Northwestern Public Service Company (NWPS) to replace Northern Electric Cooperative (NEC) as supplier of electricity to Hub City, Inc. NEC appealed to the circuit court, Fifth Judicial Circuit. There, the PUC's decision was overturned. The PUC and NWPS appeal to this Court. Here, the circuit court is affirmed.

BACKGROUND

[¶ 2] In 1977 Safeguard...

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