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IN RE NORTHERN STATES POWER CO.

No. A09-364.

775 N.W.2d 652 (2009)

In the Matter of the Application of NORTHERN STATES POWER COMPANY d/b/a Xcel Energy for Approval of a Mercury Emissions Reduction Plan for the Sherburne County Generating Facility's Unit 3.

Court of Appeals of Minnesota.

December 1, 2009.

Attorney(s) appearing for the Case

William E. Flynn, Todd J. Guerrero, Paul Banker, Lindquist & Vennum PLLP, Minneapolis, MN, for relator Southern Minnesota Municipal Power Agency.

Sam Hanson, Michael W. Kaphing, Briggs and Morgan, P.A., Minneapolis, MN, for respondent Northern States Power Company d/b/a Xcel Energy.

Lori Swanson, Attorney General, Jeanne M. Cochran, Assistant Attorney General, St. Paul, MN, for respondent Minnesota Public Utilities Commission.

Considered and decided by LARKIN, Presiding Judge; HALBROOKS, Judge; and JOHNSON, Judge.

OPINION

HALBROOKS, Judge.

Relator Southern Minnesota Municipal Power Agency (SMMPA), a municipal utility, challenges respondent Minnesota Public Utilities Commission's (MPUC) approval of a mercury-emissions-reduction plan for Sherburne County Generating Facility Unit 3 (Sherco 3) as exceeding MPUC's jurisdiction. Alternatively, SMMPA challenges MPUC's approval of the plan as arbitrary or capricious. Because we conclude that MPUC acted within its legislatively...

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