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PUBLIC SERVICE CO. v. PUBLIC UTIL. COM'N

No. 00SA24.

26 P.3d 1198 (2001)

PUBLIC SERVICE COMPANY OF COLORADO, Petitioner-Appellant, v. PUBLIC UTILITIES COMMISSION OF The STATE OF COLORADO; and Robert J. Hix, Vincent Majkowski, and R. Brent Alderfer, Commissioners thereof individually in their official capacity, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

July 2, 2001.

Attorney(s) appearing for the Case

XCEL Energy Services, Inc., James D. Albright, Denver, CO, Attorney for Petitioner-Appellant.

Ken Salazar, Attorney General, Anne K. Botterud, Assistant Attorney General, Business and Licensing Section, Denver, CO, Attorneys for Respondents-Appellees Colorado Public Utilities Commission and Commissioners.

Ken Salazar, Attorney General, Simon P. Lipstein, Assistant Attorney General, Denver, CO, Attorneys for Respondent-Appellee Colorado Office of Consumer Counsel.

Justice HOBBS delivered the Opinion of the Court.

In this appeal from the district court pursuant to section 40-6-115(5), 11 C.R.S. (2000),1 Public Service Company of Colorado (Public Service) asserts that the Public Utilities Commission of Colorado (the Commission) acted arbitrarily and capriciously in its ratemaking authority by reducing Public Service's revenue increase request. We hold that Public Service failed to meet its burden...

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