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MUNIC. OF ANCHORAGE v. REG. COM'N OF ALASKA

No. S-12788.

215 P.3d 327 (2009)

MUNICIPALITY OF ANCHORAGE d/b/a Anchorage Water & Wastewater Utility, Appellant, v. REGULATORY COMMISSION OF ALASKA, and the Attorney General for the State of Alaska, Appellees.

Supreme Court of Alaska.

September 4, 2009.

Attorney(s) appearing for the Case

Heather H. Grahame, Dorsey & Whitney LLP and James N. Reeves, Municipal Attorney, Anchorage, for Appellant.

Robert Stoller, Assistant Attorney General, and Steve DeVries, Assistant Attorney General, Anchorage, Talis J. Colberg, Attorney General, Juneau, for Appellees.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, CARPENETI, and WINFREE, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

The Municipality of Anchorage, doing business as Anchorage Water and Wastewater Utility (AWWU), operates a public utility providing water and sewage services in Anchorage. Because AWWU is a regulated utility, the Regulatory Commission of Alaska (RCA) must approve any rate changes AWWU proposes.1 In 2003 the Municipality changed its regulations regarding payment in lieu...

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