PACIFICORP, Appellant (Petitioner),
v.
The PUBLIC SERVICE COMMISSION OF WYOMING, Steve Ellenbecker, Steve Furtney and Kristin H. Lee, in their Official Capacities as Commissioners of the Public Service Commission, Appellees (Respondents), and
Wyoming Retail Merchants Association; Wyoming Lodging and Restaurant Association; Wyoming Hospital Association; Wyoming Automobile Dealers Association, Inc.; AARP; The Wyoming Industrial Energy Consumers; Kinder Morgan Interstate Gas Transmission, LLC; Canyon Creek Compression Company; and The Office of Consumer Advocate, Appellees (Intervenors).
Supreme Court of Wyoming.https://leagle.com/images/logo.png
December 13, 2004.
December 13, 2004.
Attorney(s) appearing for the Case
Representing Appellant PacifiCorp: Paul J. Hickey and Roger C. Fransen of Hickey & Mackey, Cheyenne, Wyoming; James M. Van Nostrand and Sean E. O'Day, Portland, Oregon. Argument by Mr. Hickey.
Representing Appellee (Respondent) Public Service Commission of Wyoming: Patrick J. Crank, Wyoming Attorney General; Michael L. Hubbard, Deputy Attorney General; Harry D. Ivey, Assistant Attorney General; Douglas J. Moench, Senior Assistant Attorney General, Cheyenne, Wyoming. Argument by Mr. Moench.
Representing Appellee (Intervenor) Wyoming Industrial Energy Consumers: Robert M. Pomeroy, Jr., and Thorvald A. Nelson of Holland & Hart, LLP, Greenwood Village, Colorado; Marcy G. Glenn of Holland & Hart, LLP, Denver, Colorado; Walter F. Eggers III of Holland & Hart, LLP, Cheyenne, Wyoming. Argument by Mr. Pomeroy.
Representing Appellee (Intervenor) AARP: Dale W. Cottam of Hirst & Applegate, P.C., Cheyenne, Wyoming.
Representing Appellees (Intervenors) Wyoming Retail Merchants Association, Wyoming Lodging and Restaurant Association, Wyoming Hospital Association, and Wyoming Automobile Dealers Association, Inc.: Steven F. Freudenthal of Freudenthal, Salzburg & Bonds, PC, Cheyenne, Wyoming.
Representing Appellee (Intervenor) The Office of Consumer Advocate: Alexander K. Davison and Wendy Curtis Palen of Patton & Davison, Cheyenne, Wyoming. Argument by Mr. Davison.
Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.
Supreme Court of Wyoming.
GOLDEN, Justice.
[¶ 1] PacifiCorp appeals the denial by the Public Service Commission of Wyoming (the Commission) of its request for the recovery from Wyoming ratepayers of certain extraordinary and unanticipated net excess power costs incurred by PacifiCorp during what has become commonly referred to as the Western power crisis of 2000-01. We affirm.
ISSUES
[¶ 2] PacifiCorp presents the following issues:
1. Did the Public Service...
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