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S.E. IOWA CO-OP. ELEC. v. IOWA UTIL. BD.

No. 99-1376.

633 N.W.2d 814 (2001)

S.E. IOWA COOPERATIVE ELECTRIC ASSOCIATION, Appellant, v. IOWA UTILITIES BOARD, Appellee, Office of Consumer Advocate and Mt. Pleasant Muncipal Utilities, Intervenors-Appellees.

Supreme Court of Iowa.

September 6, 2001.

Attorney(s) appearing for the Case

Michael P. Joynt, Dennis L. Puckett, and Jill Mataya Corry of Sullivan & Ward, P.C., Des Moines, for appellant.

Allan Kniep and Vicki Place, Des Moines, for appellee Iowa Utilities Board.

Gary D. Stewart and Jennifer C. Easler, Des Moines, for intervenor-appellee Office of Consumer Advocate.

Sheila K. Tipton of Dorsey & Whitney, L.L.P., Des Moines, for intervenor-appellee Mt. Pleasant Municipal Utilities.

CADY, Justice.

This appeal requires us to determine whether economic considerations may constitute the sole basis for a finding by the utilities board that proposed electric transmission lines are necessary to serve a public use pursuant to Iowa Code section 478.4 (1995). In ruling on the petition for judicial review, the district court found the utilities board appropriately relied on resulting economic benefits in granting the electric transmission line franchises...

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