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COUNTY COM'RS OF SAN MIGUEL v. COLO. P.U.C.

No. 06SA213.

157 P.3d 1083 (2007)

In Re The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SAN MIGUEL, The Coalition of Concerned San Miguel County Homeowners, Hans (Henson) Jones, The Wilson Mesa Homeowners Association, and Ptarmigan Ranch Owners Association, Plaintiffs and Petitioners v. The COLORADO PUBLIC UTILITIES COMMISSION; Commissioner Gregory E. Sopkin; Commissioner Polly Page; Commissioner Carl Miller; Former Commissioner Jim Dyer; Tri-State Generation and Transmission Association, Inc.; and The Board Of County Commissioners of the County of Montrose, Defendants and Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 21, 2007.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, David A. Beckett, Assistant Attorney General, Business and Licensing Section, Denver, Colorado, Attorneys for Defendants and Respondents Colorado Public Utilities Commission, Commissioner Gregory E. Sopkin, Commissioner Polly Page, Commissioner Carl Miller, and Former Commissioner Jim Dyer.

Steven J. Zwick, San Miguel County Attorney, Rebekah S. King, San Miguel Assistant County Attorney, Telluride, Colorado, Attorneys for Plaintiff and Petitioner The Board of County Commissioners of the County of San Miguel.

Arnold & Porter LLP, David S. Neslin, Harris D. Sherman, Denver, Colorado, Attorneys for Plaintiffs and Petitioners Coalition of Concerned San Miguel County Homeowners, Hans (Henson) Jones, The Wilson Mesa Homeowners Association, and Ptarmigan Ranch Owners Association.

No appearance by or on behalf of Defendants and Respondents Tri-State Generation and Transmission Association, Inc. and The Board of County Commissioners of the County of Montrose.

Justice HOBBS delivered the Opinion of the Court.

In this original proceeding under C.A.R. 21, we determine whether the Colorado Public Utilities Commission ("PUC" or "Commission"), pursuant to sections 40-6-113(6) and 40-6-115, C.R.S. (2006), must include in the record of its proceedings advisory memoranda received from its staff and considered by the Commissioners in the deliberative phase of their proceedings.1

PUC employees...

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