REGULATORY COM'N v. MATANUSKA ELEC. ASS'N

Supreme Court Nos. S-15944/S-15973 (Consolidated).

436 P.3d 1015 (2019)

REGULATORY COMMISSION OF ALASKA, Appellant, v. MATANUSKA ELECTRIC ASSOCIATION, INC.; Chugach Electric Association, Inc.; Golden Valley Electric Association, Inc.; Municipality of Anchorage d/b/a Municipal Light & Power; Homer Electric Association, Inc.; Alaska Energy Authority; and State of Alaska Attorney General's Office, Regulatory Affairs and Public Advocacy Section, Appellees. Homer Electric Association, Inc., Appellant, v. Regulatory Commission of Alaska; Chugach Electric Association, Inc.; Golden Valley Electric Association, Inc.; Matanuska Electric Association, Inc.; Municipality of Anchorage d/b/a Municipal Light & Power; and Alaska Energy Authority, Appellees.

Supreme Court of Alaska.

February 22, 2019.


Attorney(s) appearing for the Case

Stuart W. Goering and Megyn A. Greider , Assistant Attorneys General, Anchorage, and Jahna Lindemuth , Attorney General, Juneau, for Appellant Regulatory Commission of Alaska.

Michael E. Kreger and Sarah C. Gillstrom , Perkins Coie LLP, Anchorage, for Appellant and Appellee Homer Electric Association, Inc.

Robin O. Brena , Matthew C. Clarkson , and Kelly M. Moghadam , Brena, Bell & Clarkson, P.C., Anchorage, for Appellees Matanuska Electric Association, Inc. and Chugach Electric Association, Inc.

John J. Burns , Golden Valley Electric Association, Inc., Fairbanks, Alaska, for Appellee Golden Valley Electric Association, Inc.

Dean D. Thompson and Jonathon D. Green , Kemppel, Huffman and Ellis, P.C., Anchorage, for Appellee Municipality of Anchorage d/b/a Municipal Light and Power.

Notice of nonparticipation filed by Brian Bjorkquist , Senior Assistant Attorney General, Anchorage, and Craig W. Richards , Attorney General, Juneau, for Appellee Alaska Energy Authority;

and by Jeffrey J. Waller , Assistant Attorney General, Anchorage, and Craig W. Richards , Attorney General, Juneau, for Appellee State of Alaska Attorney General's Office, Regulatory Affairs and Public Advocacy Section.

Before: Stowers, Chief Justice, Winfree, Maassen, Bolger, and Carney, Justices.


OPINION

I. INTRODUCTION

Electrical utilities entered into agreements for the purchase and transmission of energy from a hydroelectric project to utilities in distant service areas. Legislation exempted the agreements from the review or approval of the Regulatory...

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