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CITY OF BOULDER v. COLORADO PUC

No. 98SA216.

996 P.2d 1270 (2000)

CITY OF BOULDER and Colorado Independent Energy Association, Petitioners-Appellants, v. The COLORADO PUBLIC UTILITIES COMMISSION; Commissioner Robert J. Hix; Commissioner Vincent Majkowski; Commissioner R. Brent Alderfer; Public Service Company of Colorado; and the Office of Consumer Counsel, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

March 27, 2000.

Attorney(s) appearing for the Case

Kelly/Haglund/Garnsey & Kahn LLC, Jeffrey G. Pearson for Jeffrey G. Pearson, LLC, of Counsel David R. Fine, Denver, Colorado, Attorneys for Colorado Independent Energy Association.

Dietze & Davis, P.C., Karl F. Kumli, III, Boulder, Colorado, Attorneys for City of Boulder.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Alan J. Gilbert, Solicitor General, Linda L. Siderius, Deputy Attorney General, Raymond L. Gifford, First Assistant Attorney General, Mana L. Jennings-Fader, Assistant Attorney General, Regulatory Law Section, Denver, Colorado, Attorneys for Colorado Public Utilities Commission; Commissioner Robert J. Hix; Commissioner Vincent Majkowski; and Commissioner R. Brent Alderfer.

LeBoeuf, Lamb, Green & Macrae, L.L.P., Mark A. Davidson, Denver, Colorado, Attorney for Public Service Company of Colorado.

No appearance by or on behalf of Respondent-Appellee Office of Consumer Counsel

Justice HOBBS delivered the Opinion of the Court.

This case is before us on direct appeal from the district court pursuant to section 40-6-115, 11 C.R.S. (1999). The district court affirmed a decision by the Colorado Public Utilities Commission (PUC) awarding a certificate of public convenience and necessity (CPCN) to the Public Service Company of Colorado (PSCO) for an upgrade of the turbines at the Pawnee power plant near Brush, Colorado (upgrade project). We affirm...

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