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CHUGACH v. REGULATORY COM'N OF ALASKA

No. S-9692.

49 P.3d 246 (2002)

CHUGACH ELECTRIC ASSOCIATION., INC., Appellant, v. REGULATORY COMMISSION OF ALASKA and Municipality of Anchorage d/b/a Municipal Light & Power, Appellees.

Supreme Court of Alaska.

June 21, 2002.

Attorney(s) appearing for the Case

Andrew F. Behrend, Heller Ehrman White & McAuliffe, Anchorage; Michael C. Dotten, Heller Ehrman White & McAuliffe, Portland; and Donald W. Edwards, Chugach Electric Association, Anchorage, for Appellant.

Ron Zobel, Assistant Attorney General, Clyde E. Sniffen, Jr., Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee Regulatory Commission of Alaska.

Paul J. Jones, Assistant Municipal Attorney, and William A. Greene, Municipal Attorney, Anchorage, for Appellee Municipality of Anchorage d/b/a Municipal Light & Power.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

This case requires us to determine whether an electric utility that supplies electric service within a specific geographic area pursuant to a certificate of public convenience and necessity must obtain regulatory commission approval before selling power outside its assigned geographic area. Because AS 42.05.221(a) requires a utility to obtain an additional certificate for each type of utility service...

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