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PHOENIX POWER PARTNERS v. PUC

No. 97SA65.

952 P.2d 359 (1998)

PHOENIX POWER PARTNERS, L.P., Plaintiff-Appellant, v. The COLORADO PUBLIC UTILITIES COMMISSION, Commissioner Christine E.M. Alvarez, Commissioner Vincent Majkowski, and the Public Service Company of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

February 2, 1998.

Attorney(s) appearing for the Case

Jeffrey G. Pearson, Kelly/Haglund/Garnsey & Kahn, LLC, Denver, for Plaintiff-Appellant.

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, Mana L. Jennings-Fader, Assistant Attorney General, Regulatory Law Section, Denver, for Defendants-Appellees The Colorado Public Utilities Commission, Commissioner Christine E.M. Alvarez, and Commissioner Vincent Majkowski.

LeBoeuf, Lamb, Greene & MacRae, L.L.P., Mark A. Davidson, Public Service Company of Colorado, William M. Dudley, Denver, for Defendant-Appellee The Public Service Company of Colorado.

Justice KOURLIS delivered the opinion of the Court.

Phoenix Power Partners, L.P. (Phoenix) appeals a judgment of the district court affirming Orders of the Colorado Public Utilities Commission (PUC). This court has direct appellate jurisdiction under section 40-6-115(5), 11 C.R.S. (1997). Phoenix challenges the PUC's ruling, as affirmed by the district court, that certain amendments to a contract between Phoenix and Public Service Company of Colorado (PSCo) were so...

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