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IN RE ONE-TIME SPECIAL ASSESSMENT BY NSP

Nos. 21752, 21769.

628 N.W.2d 332 (2001)

2001 SD 63

In the Matter of the ONE-TIME SPECIAL UNDERGROUND ASSESSMENT BY NORTHERN STATES POWER COMPANY IN SIOUX FALLS, South Dakota.

Supreme Court of South Dakota.

Decided May 23, 2001.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Rolayne Ailts Wiest, Special Assistant Attorney General, Pierre, SD, Attorneys for appellant South Dakota Public Utilities Commission.

David A. Gerdes and Neil Fulton of May, Adam, Gerdes and Thompson, Pierre, SD, Attorneys for appellee Northern States Power Company.

SABERS, Justice

[¶ 1.] A Sioux Falls City Ordinance required Northern States Power (NSP) to bury overhead lines whenever streets in the urban renewal area were resurfaced. NSP was allowed by tariff to recover these costs from "benefited customers." In 1999, the City resurfaced a street in the urban renewal area and NSP replaced its overhead lines with underground lines. NSP then surcharged all its customers in Sioux...

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