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IN RE NATURAL GAS PIPELINE

Nos. A04-2342, A04-2414.

707 N.W.2d 223 (2005)

In the Matter of an INVESTIGATION INTO the COMMISSION'S JURISDICTION OVER the CITY OF HUTCHINSON'S INTRASTATE NATURAL GAS PIPELINE Pursuant to Minn.Stat. § 216B.045.

Court of Appeals of Minnesota.

December 27, 2005.

Attorney(s) appearing for the Case

Gary A. Van Cleve, Molly McKee, Larkin Hoffman Daly & Lindgren, Ltd., Bloomington, MN, for relator Hutchinson Utilities Commission.

Kathleen M. Brennan, Andrew J. Shea, McGrann Shea Anderson Carnival Straughn & Lamb, Minneapolis, MN, for relator Minnesota Municipal Utilities Association.

Mike Hatch, Attorney General, Kari Valley Zipko, Assistant Attorney General, St. Paul, MN, for respondent Minnesota Public Utilities Commission.

Hugh T. Nierengarten, Nierengarten & Hippert, Ltd., New Ulm, MN, for amicus curiae City of New Ulm.

Susan L. Naughton, League of Minnesota Cities, St. Paul, MN, for amicus curiae League of Minnesota Cities.

Considered and decided by STONEBURNER, Presiding Judge; PETERSON, Judge; and HALBROOKS, Judge.

OPINION

HALBROOKS, Judge.

Relators Hutchinson Utilities Commission (HUC), a municipal utility, and Minnesota Municipal Utilities Association (MMUA), a nonprofit corporation that provides services and assistance to Minnesota cities engaged in utility enterprises, challenge the exercise of jurisdiction by respondent Minnesota Public Utilities Commission (MPUC) over a pipeline owned by the City of Hutchinson on the ground that it exceeds the statutory mandate...

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