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MEA v. CHUGACH ELEC. ASS'N

No. S-9839.

53 P.3d 578 (2002)

MATANUSKA ELECTRIC ASSOCIATION, INC., a non-profit electric membership cooperative, Appellant, v. CHUGACH ELECTRIC ASSOCIATION, INC., a non-profit electric membership cooperative, Appellee.

Supreme Court of Alaska.

August 23, 2002.

Attorney(s) appearing for the Case

Stephen M. Ellis and Jeffrey P. Stark, Delaney, Wiles, Hayes, Gerety, Ellis & Young, Inc., Anchorage, for Appellant.

Donald W. Edwards, Chugach Electric Association, Anchorage, and Andrew F. Behrend, Heller Ehrman White & McAuliffe LLP, Anchorage, for Appellee.

Virginia A. Rusch, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Amicus Curiae Regulatory Commission of Alaska.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Retroactive ratemaking by a utility is prohibited in Alaska, as it is in the majority of jurisdictions in the United States. The Regulatory Commission of Alaska compelled Chugach Electric Association to refund payments collected as a result of a miscalculation in the cost of generation and transmission line loss. The superior court, concluding that the commission's ruling constituted retroactive...

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