U S WEST COMMUNICATIONS, INC. v. PUBLIC SERVICE COM'N

No. 98-12.

992 P.2d 1092 (1999)

U S WEST COMMUNICATIONS, INC., Appellant (Petitioner), v. The WYOMING PUBLIC SERVICE COMMISSION; Steve Ellenbecker and Kristen H. Lee, in their official capacities as Commissioners of the Wyoming Public Service Commission, Appellees (Respondents), and AT & T Communications of the Mountain States, Inc., Appellee (Intervening Respondent).

Supreme Court of Wyoming.

December 13, 1999.


Attorney(s) appearing for the Case

Representing Appellant: Paul J. Hickey and Roger C. Fransen of Hickey, Mackey, Evans, Walker & Stewart, Cheyenne, Wyoming; and Andrew D. Crain, Denver, Colorado.

Representing Appellee Wyoming Public Service Commission: William U. Hill, Attorney General; Michael L. Hubbard, Deputy Attorney General; and Carrol S. Verosky, Assistant Attorney General, Cheyenne, Wyoming.

Representing Appellee AT & T Communications of the Mountain States, Inc.: Alan B. Minier of Rothgerber, Johnson & Lyons, LLP, Cheyenne, Wyoming; and Maria Arias Chapleau and Michel L. Singer, Denver, Colorado.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and TAYLOR, JJ.


TAYLOR, Justice, Retired.

In this appeal, we are asked to determine whether the Wyoming Public Service Commission (PSC) exceeded its statutory authority in adopting rules for the pricing of telecommunications services which set the floor price for certain services higher than the price required by statute. We find the PSC exceeded its authority, and, accordingly, hold that the Rules for Total Service Long-Run Incremental...

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