MATTER OF QUANTIFICATION OF ENVIR. COSTS

No. CX-97-1391.

578 N.W.2d 794 (1998)

In the Matter of the QUANTIFICATION OF ENVIORNMENTAL COSTS Pursuant to Laws of Minnesota 1993, Chapter 356, Section 3.

Court of Appeals of Minnesota.

May 19, 1998.


Attorney(s) appearing for the Case

Donald W. Niles, Doherty, Rumble & Butler, Minneapolis; Peter S. Glaser, pro hac vice, Doherty, Rumble & Butler, Washington, D.C. for relator Western Fuels Association.

Denis R. Vogel, Jeffrey L. Landsman, pro hac vice, Wheeler, Van Sickle & Anderson, Madison, WI, for relator Dairyland Power Cooperative.

Deborah A. Amberg, Duluth, for relator Minnesota Power and Light.

John A. Knapp, St. Paul, for relator Center for Energy & Economic Development.

Michael C. Connelly, Minneapolis, for relator Northern States Power Company.

Katherine E. Sasseville, Todd J. Guerrero, Fergus Falls, for relator Otter Tail Power Company.

Susan Hedman, pro hac vice, Chicago, IL, Michael D. Madigan, Johnson & Madigan, Minneapolis, for respondent Environmental Coalition.

Heidi Heitkamp, pro hac vice, Lyle G. Witham, Office of Attorney General, Bismark, ND, for respondent State of North Dakota.

Charles S. Miller, Jr., Bismark, ND, for respondent Lignite Energy Council.

Lucinda E. Jesson, Megan J. Hertzler, St. Paul, for respondent Minnesota Public Utilities Commission.

Eric F. Swanson, Joshua S. Wirtschafter, St. Paul, for respondent Minnesota Attorney General.

Barbara E. Freese, Stephen A. Shakman, St. Paul, for respondent Minnesota Pollution Control Agency.

Priti R. Patel, St. Paul, for respondent Minnesota Department of Public Service.

Considered and decided by RANDALL, P.J., and TOUSSAINT, C.J., and MULLALY, J.


OPINION

RANDALL, Judge.

The Minnesota Legislature directed the Minnesota Public Utilities Commission (the commission) to determine environmental cost values for each method of electricity generation and required utilities to use those values in proceedings before the commission. The commission set interim environmental cost values for five air pollutants on March 1, 1994, including carbon dioxide (CO2). The commission also initiated a contested case proceeding...

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