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US MAGNESIUM v. PUBLIC SERVICE COM'N

No. 20040082-CA.

110 P.3d 165 (2005)

2005 UT App 91

US MAGNESIUM, L.L.C., Petitioner, v. PUBLIC SERVICE COMMISSION and PacifiCorp, Respondent.

Court of Appeals of Utah.

March 3, 2005.

Attorney(s) appearing for the Case

Gary A. Dodge and Kevin W. Bates, Hatch James & Dodge, Salt Lake City, for Petitioner.

Mark L. Shurtleff, Attorney General, Patricia E. Schmid, and Michael L. Ginsberg, Assistant Attorneys General, and Sander J. Mooy, Publi Service Commission, Salt Lake City, for Public Service Commission.

Edward A. Hunter Jr. and David L. Elmont, Stoel Rives LLP, Salt Lake City, for PacifiCorp.

Before Judges BENCH, JACKSON, and ORME.

OPINION

JACKSON, Judge:

¶ 1 U.S. Magnesium, L.L.C. (U.S. Mag) seeks review of the Public Service Commission's (Commission) order setting a rate of $21 per megawatt hour (MWH) for electricity PacifiCorp provided to Magnesium Corporation of America (Mag Corp) for the period from January 1, 2002 to May 24, 2002. We affirm.

BACKGROUND

¶ 2 Like automobile traffic, electricity service has rush hours. And, just as highways have a maximum...

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