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TLINGIT-HAIDA REGIONAL ELEC. AUTH. v. STATE

Nos. S-8833, S-8834, S-8843.

15 P.3d 754 (2001)

TLINGIT-HAIDA REGIONAL ELECTRICAL AUTHORITY, Appellant and Cross-Appellee, v. STATE of Alaska, Alaska Public Utilities Commission, the City of Klawock, and Alaska Power Company, Appellees and Cross-Appellants.

Supreme Court of Alaska.

January 12, 2001.

Attorney(s) appearing for the Case

Roger R. Kemppel, Kemppel, Huffman & Ellis, P.C., Anchorage, and William G. Ruddy, Ruddy, Bradley & Kolkhorst, Juneau, for Appellant/Cross-Appellee.

Martin M. Weinstein, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee/Cross-Appellant State of Alaska, Alaska Public Utilities Commission.

Clyde E. Sniffen, Jr., Delaney, Wiles, Hayes, Gerety, Ellis & Young, Inc., Anchorage, for Appellee/Cross-Appellant City of Klawock.

Robert E. Stoller, Anchorage, for Appellee/Cross-Appellant Alaska Power Company.

Paul L. Dillon, Dillon & Findley, P.C., Juneau, and John J. Leary, Jr., Smith & Leary, Seattle, WA, for Amicus Curiae Klawock Heenya Corporation.

Before MATTHEWS, Chief Justice, FABE, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

Twenty-five years after it created overlapping service territory between two utilities that later became the Tlingit-Haida Regional Electrical Authority (THREA) and the Alaska Power Company, the Alaska Public Utility Commission (commission) eliminated the overlap in favor of Alaska Power. THREA appeals, alleging that the commission's decision is procedurally flawed, is substantively wrong,...

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