MONTANA POWER CO. v. PUBLIC SERVICE COM'N

No. 00-412.

26 P.3d 91 (2001)

305 Mont. 260

2001 MT 102

The MONTANA POWER COMPANY, Petitioner and Respondent, v. MONTANA PUBLIC SERVICE COMMISSION, Respondent and Appellant, Montana Consumer Counsel, Intervenor, and Large Customer Group, Intervenor and Appellant.

Supreme Court of Montana.

Submitted May 3, 2001.

Decided June 12, 2001.


Attorney(s) appearing for the Case

Denise Peterson, Special Assistant Attorney General, Montana Public Service Commission, Helena, MT, (argued); Donald W. Quander, W. Scott Mitchell, Kyle A. Gray (argued), Holland & Hart, Billings, MT, (Large Customer Group); Robert A. Nelson (Montana Consumer Counsel), for Appellant.

Patrick T. Fleming, Michael P. Manion, (argued), Montana Power Company, Butte, MT, for Respondent.

James D. Pembroke, Janice L. Lower, Duncan Weinberg Genzer & Pembroke, Washington, DC, (Central Montana Electric Power Cooperative, Inc. and Big Horn County Electric Cooperative, Inc.), for Amicus.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The Montana Public Service Commission (Commission) and the Large Customer Group (LCG) appeal an Order entered by the Second Judicial District Court, Silver Bow County, in favor of Respondent Montana Power Company (MPC).

¶ 2 We reverse.

¶ 3 Collectively, the issues raised by the Appellants are summarized as follows:

1. Did the District Court err in determining that...

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