MATTER OF INTERSTATE POWER RATES CHANGE REQUEST

No. C1-96-1558.

574 N.W.2d 408 (1998)

In the Matter of the REQUEST OF INTERSTATE POWER COMPANY FOR AUTHORITY TO CHANGE ITS RATES FOR GAS SERVICE IN MINNESOTA. Minnesota DEPARTMENT OF PUBLIC SERVICE, Appellant, and Hubert H. Humphrey III, Minnesota Attorney General, Appellant. v. MINNESOTA PUBLIC UTILITIES COMMISSION, Respondent, and Interstate Power Company, Respondent.

Supreme Court of Minnesota.

January 8, 1998.


Attorney(s) appearing for the Case

Brent Vanderlin, Asst. Atty. Gen., for appellant Minn. Dept. of Public Service.

Margie Hendriksen, Asst. Atty. Gen., for Public Utilities Com'n.

Eric Swanson, Asst. Atty. Gen., for appellant Hubert H. Humphrey III.

Michael Bradley, Moss & Barnett, P.A., Minneapolis, Christopher B. Clark, Interstate Power Co., Dubuque, IA, for respondent Interstate Power Co.

Heard, considered, and decided by the court en banc.


OPINION

STRINGER, Justice.

At issue here is whether the Minnesota Public Utilities Commission (MPUC) had the authority to order rate recovery from Interstate Power Company's (Interstate) current natural gas customers for cleanup costs of two former manufactured gas plant sites not currently used or useful for the provision of utility service. The Administrative Law Judge (ALJ) recommended that Interstate be allowed to recover one-half of the cleanup costs...

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