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CF&I STEEL v. PUBLIC UTILITIES COMM'N

No. 96SA410.

949 P.2d 577 (1997)

CF and Cyprus Climax Metals Company, Petitioners-Appellants, v. The PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO; Robert J. Hix, Vincent Majkowski and Christine E.M. Alvarez, Commissioners thereof, individually in their official capacity, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

December 22, 1997.

Attorney(s) appearing for the Case

Dufford & Brown, P.C., Richard L. Fanyo, Lisa A. Lee, Denver, for Petitioners-Appellants.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Linda L. Siderius, Deputy Attorney General, Richard Djokic, First Assistant Attorney General, Eugene C. Cavaliere, Senior Assistant Attorney General, Regulatory Law Section, Denver, for Respondents-Appellees.

Justice HOBBS delivered the Opinion of the Court.

This appeal, taken directly to us under section 40-6-115(5), 11 C.R.S. (1997), is from a district court order upholding a rate setting decision of the Colorado Public Utilities Commission (PUC). At issue is only one aspect of the PUC's decision, the electrical rates that Public Service Company of Colorado (PSCo) charges to large commercial and industrial customers who elect to receive interruptible rather than firm...

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