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CITY OF BOULDER v. PUBLIC SERVICE CO.

No. 98CA0518.

996 P.2d 198 (1999)

CITY OF BOULDER, a Colorado municipality, Brush Cogeneration Partners, a Colorado general partnership, Thermo Power & Electric, Inc., a Colorado corporation, Thermo Cogeneration Partnership L.P., a Delaware limited partnership, Thermo Greeley, L.L.C., a Colorado limited liability company, Plaintiffs-Appellants, v. PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation; and Colorado Public Utilities Commission, a Colorado state agency, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Certiorari Denied April 10, 2000.

Attorney(s) appearing for the Case

Cortez MaCaulay Bernhardt LLC, Miles Cortez, Susan Bernhardt, Richard Cohn, Denver, Colorado, for Plaintiffs-Appellants.

Elzi & Gurr, Kathryn A. Elzi, William M. Dudley, Denver, Colorado, for Defendant-Appellee Public Service Company.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Mana L. Jennings-Fader, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Colorado Public Utilities Commission.

Opinion by Judge PLANK.

Plaintiffs, various entities selling electricity to defendant Public Service Company of Colorado (PSCo), a Colorado corporation, appeal the dismissal of their complaint asserting claims against PSCo and the Colorado Public Utilities Commission (PUC). We affirm.

I. Background

A. Legal Background

In 1978, Congress enacted the Public Utilities Regulation Policies Act (PURPA), codified at 16 U.S.C. § 824, et seq...

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