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IN RE MONTANA-DAKOTA UTILITIES CO.

No. 24448.

740 N.W.2d 873 (2007)

2007 SD 104

In the Matter of the Petition of MONTANA-DAKOTA UTILITIES CO. for Approval to Provide Electrical Service for the New North Central Farmers Elevator to be Located Near Bowdle, South Dakota.

Supreme Court of South Dakota.

Decided October 17, 2007.

Attorney(s) appearing for the Case

David A. Gerdes of May, Adam, Gerdes & Thompson, Pierre, South Dakota, Attorneys for appellant Montana-Dakota Utilities.

John J. Smith, Assistant Attorney General, South Dakota Public Utilities Commission, Pierre, South Dakota, Attorneys for appellee South Dakota Public Utilities Comm.

Robert C. Riter, Jr., Margo D. Northrup, Darla Pollman Rogers of Riter, Rogers, Wattier & Brown, Pierre, South Dakota, Attorneys for appellee FEM Electric & SD Rural Elec. Assoc.

Carlyle Richards of Richards & Oliver, Aberdeen, South Dakota, Attorneys for appellee North Central Farmers Elev.

KONENKAMP, Justice.

[¶ 1.] The question we address in this administrative appeal is whether an electric utility may petition to provide service outside its statutorily assigned service territory to a "large load" customer in another utility's assigned service area. We conclude that SDCL 49-34A-56 allows only customers to petition for an outside provider. Thus, we affirm the Public Utilities Commission's ruling that an outside provider lacked standing to bring...

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