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WINDWAY TECHNOLOGIES v. MIDLAND POWER

No. 02-1113.

696 N.W.2d 303 (2005)

WINDWAY TECHNOLOGIES, INC., Welch Motels, Inc., Gregory Swecker, and Beverly Swecker, Appellees, v. MIDLAND POWER COOPERATIVE, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 12, 2005.

Attorney(s) appearing for the Case

Thomas W. Polking and John A. Gerken of Wilcox, Polking, Gerken, Schwarzkopf & Copeland, P.C., Jefferson, for appellant.

Wallace L. Taylor, Cedar Rapids, for appellees Windway Technologies, Inc. and Welch Motels, Inc.

Gregory and Beverly Swecker, Dana, pro se.

Christopher R. Cook, Arlington, Virginia, for amicus curiae Solar Energy Industries Association.

TERNUS, Justice.

The primary issue in this case is whether a nonrate-regulated utility should be required to sell energy to alternate energy producers on a net metering basis. The district court ruled the appellant, Midland Power Cooperative, must connect to wind generators owned by the appellees, Gregory and Beverly Swecker and Welch Motels, Inc., using net metering. When this court first considered Midland's appeal of the district court judgment, we agreed with...

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