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CONSUMER COUNSEL v. PUB. UTILITIES COM'N

No. 11SA115.

275 P.3d 656 (2012)

2012 CO 33

COLORADO OFFICE OF CONSUMER COUNSEL, Petitioner-Appellee v. COLORADO PUBLIC UTILITIES COMMISSION; Joshua Epel, in his official capacity as Chairman of the Colorado Public Utilities Commission; and James K. Tarpey and Matt Baker, in their official capacity as members of the Colorado Public Utilities Commission; Respondents-Appellants and Qwest Corporation, Intervenor-Appellant.

Supreme Court of Colorado, En Banc.

April 30, 2012.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Gregory E. Bunker , Senior Assistant Attorney General, Denver, Colorado, Attorneys for Petitioner-Appellee.

John W. Suthers , Attorney General, David A. Beckett , First Assistant Attorney General, Denver, Colorado, Attorneys for Respondents-Appellants.

Reilly Pozner LLP, Sean Connelly , Dufford & Brown, P.C., Richard L. Corbetta , Qwest Corporation , Timothy J. Goodwin , Corporate Counsel, Denver, Colorado, Attorneys for Intervenor-Appellant.

Justice RICE delivered the Opinion of the Court.

¶ 1 Qwest Corporation and the Colorado Public Utilities Commission (PUC) appeal the district court's judgment in favor of the Colorado Office of Consumer Counsel (OCC) reversing the PUC's decision setting the maximum rate for certain telephone services. We conclude that the PUC regularly pursued its authority because it considered all of the statutorily-mandated factors and its decision is supported by substantial...

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