GOLDEN HEART UTILITIES, INC. v. REGULATORY COMMISSION OF ALASKA

Supreme Court No. S-18624, No. 2043.

GOLDEN HEART UTILITIES, INC. and COLLEGE UTILITIES CORPORATION, Appellants, v. REGULATORY COMMISSION OF ALASKA; OFFICE OF THE ATTORNEY GENERAL, REGULATORY AFFAIRS & PUBLIC ADVOCACY SECTION; GREATER FAIRBANKS COMMUNITY HOSPITAL FOUNDATION, INC.; FOUNDATION HEALTH, LLC; JL PROPERTIES, INC.; FOUNTAINHEAD DEVELOPMENT, INC.; TIMMONS & LARSON, INC.; MV INVESTMENTS LLC; ALASKA ESPRESSO DISTRIBUTORS, LLC, d/b/a Sunrise Bagel & Espresso; PACIFIC RIM ASSOCIATES I, INC., d/b/a Clarion Hotel & Suites; H2O 2U LLC, d/b/a Water Wagon; and UNIVERSITY OF ALASKA FAIRBANKS, Appellees.

Supreme Court of Alaska.

August 28, 2024.


Attorney(s) appearing for the Case

Dean D. Thompson and Jonathon D. Green, Kemppel, Huffman, and Ellis, P.C., Anchorage, for Appellants.

Laura Fox, Senior Assistant Attorney General, Anchorage, and Treg Taylor, Attorney General, Juneau, for Appellee Regulatory Commission of Alaska. Deborah J. Stojak, Senior Assistant Attorney General, Anchorage, and Treg Taylor, Attorney General, Juneau, for Appellee Office of the Attorney General, Regulatory Affairs & Public Advocacy Section. Notice of nonparticipation filed by John Foster Wallace, Zimmerman & Wallace, Fairbanks, for Appellee H2O 2U, LLC, d/b/a Water Wagon; and by Matthew Cooper, University of Alaska, Office of the General Counsel, Fairbanks, for Appellee University of Alaska Fairbanks. No appearance by Appellees Greater Fairbanks Community Hospital Foundation, Inc.; Foundation Health, LLC; JL Properties, Inc.; Fountainhead Development, Inc.; Timmons & Larson, Inc.; MV Investments LLC; Alaska Espresso Distributors, LLC, d/b/a Sunrise Bagel & Espresso; and Pacific Rim Associates I, Inc., d/b/a Clarion Hotel & Suites.

Before: Maassen, Chief Justice, and Borghesan, Henderson, and Pate, Justices. [Carney, Justice, not participating.]


NOTICE

Memorandum decisions of this court do not create legal precedent. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d).

MEMORANDUM OPINION AND JUDGMENT*

I. INTRODUCTION

Two affiliated public utility companies filed proposals with the Regulatory Commission of Alaska (RCA) for both interim and permanent...

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