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COLORADO OFFICE OF CONSUMER COUNSEL v. PUC

No. 00SA233.

42 P.3d 23 (2002)

The COLORADO OFFICE OF CONSUMER COUNSEL, Petitioner-Appellant, v. The PUBLIC UTILITIES COMMISSION OF the STATE of COLORADO; and Commissioners Robert J. Hix, Vincent Majkowski, and Raymond J. Gifford, the Commissioners thereof, individually in their official capacity, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

March 4, 2002.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Simon P. Lipstein, Assistant Attorney General, Denver, Colorado, Attorneys for Petitioner-Appellant.

Ken Salazar, Attorney General, Anne K. Botterud, Assistant Attorney General, Business and Licensing Section, Denver, Colorado, Attorneys for Respondents-Appellees.

Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this appeal, we address whether rates charged for a prepaid telecommunications plan, the NOW Plan, offered by NOW Communications, Inc., violate Colorado's statutory rate cap for residential telephone service. The Public Utilities Commission (PUC) approved NOW's rates and granted a certificate of public convenience and necessity to NOW Communications, Inc. to provide residential basic local...

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