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WILLISTON BASIN INTERSTATE PIPELINE COMPANY v. WYOMING PUBLIC SERV. COM'N

No. 98-300.

996 P.2d 663 (2000)

WILLISTON BASIN INTERSTATE PIPELINE COMPANY, Appellant (Petitioner), v. WYOMING PUBLIC SERVICE COMMISSION, Steve Ellenbecker and Kristin Lee, in their official capacities as Commissioners of the Wyoming Public Service Commission; and NG Transmission and Wyoming Gas Company, Appellees (Respondents).

Supreme Court of Wyoming.

February 9, 2000.

Attorney(s) appearing for the Case

Representing Appellant: Bruce S. Asay of Associated Legal Group,LLC, Cheyenne, Wyoming: Robert T. Hall, III, of Thelen Reid & Priest, LLP, Washington, DC. Argument by Mr. Asay.

Representing Appellees NG Transmission and Wyoming Gas Company: Dale W. Cottam and Thomas A. Nicholas, III, of Hirst & Applegate, P.C., Cheyenne, Wyoming. Argument by Mr. Cottam.

Representing Appellee Wyoming Public Service Commission: Gay Woodhouse, Attorney General; Michael L. Hubbard, Deputy Attorney General; Harry D. Ivey, Assistant Attorney General. Argument by Mr. Ivey.

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

THOMAS, Justice.

The primary issue presented by Williston Basin Interstate Pipeline Company (Williston) is whether the Wyoming Public Service Commission (PSC) lacked authority under the law to issue a certificate of public convenience and necessity for an intrastate pipeline constructed before any application for the certificate. Other issues are raised relating to the rate approved for transmission of natural gas through the pipeline; the sufficiency of procedural...

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