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WILLMAN v. WASHINGTON UTILITIES & TRANSP.

No. 75821-2.

117 P.3d 343 (2005)

Elaine WILLMAN and Citizens Standup! Committee, Petitioners, v. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, Cascade Natural Gas Corporation, and Pacificorp, d/b/a Pacific Power and Light Company, Respondents.

Supreme Court of Washington, En Banc.

Decided August 11, 2005.

Attorney(s) appearing for the Case

Eric Estes Richter, Seattle, for Petitioners.

Mary Eileen Crego, Louis David Peterson, John Lynn West, Hills Clark Martin & Peterson PS, Michael Patrick O'Connell, Jill Diane Bowman, James M. Van Nostrand, Stoel Rives LLP, Seattle, Scott J. Kaplan, Stoel Rives LLP, Portland, OR, Robert Daniel Cedarbaum, Office of Atty. Gen., Olympia, for Respondents.

Robert Kirk Costello, Olympia, Simon J. Ffitch, Office of Atty. Gen., Seattle, for Amicus Curiae (Public Counsel Section of Atty. Gen.).

C. JOHNSON, J.

¶ 1 This case involves whether the Washington Utilities and Transportation Commission (WUTC) properly allowed utilities to take costs imposed upon them by the Yakama Indian Nation (Nation) and pass them on to the bills of all customers, including non-Indian residents, living within the Yakama reservation.

FACTS

¶ 2 In 2002, the Nation passed an ordinance1 requiring all utilities operating within...

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