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IN RE GRAND RAPIDS PUBLIC UTILITIES COM'N

No. A05-2550.

731 N.W.2d 866 (2007)

In the Matter of the Application of the GRAND RAPIDS PUBLIC UTILITIES COMMISSION to extend its Assigned Service Area into the Area Presently Served by Lake Country Power.

Court of Appeals of Minnesota.

May 29, 2007.

Attorney(s) appearing for the Case

Andrew J. Shea, Kathleen M. Brennan, McGrann, Shea, Anderson, Carnival, Straughn & Lamb, Minneapolis, MN, for relator Grand Rapids Public Utilities Commission.

Lori Swanson, Attorney General, Kari Valley Zipko, Assistant Attorney General, St. Paul, MN, for respondent Public Utilities Commission.

Harold P. LeVander, Jr., Felhaber, Larson, Fenlon & Vogt, P.A., St. Paul, MN, for respondent Lake Country Power.

Considered and decided by DIETZEN, Presiding Judge; HUDSON, Judge; and COLLINS, Judge.

OPINION

DIETZEN, Judge.

In this certiorari proceeding, relator challenges the amount of a compensation award ordered by the Minnesota Public Utilities Commission (Commission) pursuant to Minn.Stat. § 216B (2006) to compensate an electric utility for territory it annexed as provided by law. Relator argues that the Commission's order (1) was arbitrary and capricious and not supported by substantial evidence; and (2) was unconstitutional. We affirm.

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