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CHASE 3000, INC. v. NEBRASKA PUBLIC SERVICE COMMISSION

No. S05-935.

728 N.W.2d 560 (2006)

273 Neb. 133

CHASE 3000, INC., Appellee and cross-appellee, v. NEBRASKA PUBLIC SERVICE COMMISSION and QWEST COMMUNICATIONS CORPORATION, appellees and cross-appellants, and Nebraska Telecommunications Association, appellant, and United Telephone Company of the West, Doing Business as Sprint and Sprint Communications Company, L.P., et al., appellees.

Supreme Court of Nebraska.

March 2, 2007.

Attorney(s) appearing for the Case

Jack L. Shultz and Gregory D. Barton, of Harding, Shultz & Downs, Lincoln, for appellant.

Jon Bruning, Attorney General, and L. Jay Bartel for appellee Nebraska Public Service Commission.

Steven G. Seglin and Thomas E. Jeffers, of Crosby Guenzel, L.L.P., Lincoln, for appellee Chase 3000, Inc.

Jill Vinjamuri Gettman and Michael J. Mills, of Gettman & Mills, L.L.P., for appellee Qwest Communications Corporation.

HEAVICAN, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, MCCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

This case requires us to determine whether there is a statutory right of appeal from an order of the Nebraska Public Service Commission (Commission) declining to exercise its rulemaking authority. We conclude that such an order is appealable under the procedures set forth in the Administrative Procedure Act (APA), Neb. Rev.Stat. §§ 84-901 to 84-920 (Reissue 1999 & Cum.Supp.2006). We further conclude that the district court erred in reversing...

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