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SAN ISABEL ELEC. v. PUB. UTILITIES COM'N

Supreme Court Case No. 20SA103.

487 P.3d 665 (2021)

2021 CO 36

SAN ISABEL ELECTRIC ASSOCIATION, INC., Petitioner-Appellant, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado; Jeffrey Ackermann, in his official capacity as Chairman of the Public Utilities Commission of the State of Colorado; Frances A. Koncilja, in her official capacity as a member of the Public Utilities Commission of the State of Colorado; John Gavan, in his official capacity as a member of the Public Utilities Commission of the State of Colorado; Black Hills Colorado Electric, LLC; and Black Hills Colorado Wind, LLC, Respondents-Appellees.

Supreme Court of Colorado.

June 1, 2021.

Attorney(s) appearing for the Case

Attorney for Petitioner-Appellant: Sisto Mazza , Trinidad, Colorado.

Attorneys for Respondents-Appellees Public Utilities Commission of the State of Colorado, Jeffrey Ackermann, Frances A. Koncilja, and John Gavan: Philip J. Weiser , Attorney General, Paul C. Gomez , First Assistant Attorney General, Ruth M. Harper , Assistant Attorney General, Denver, Colorado.

Attorneys for Respondents-Appellees Black Hills Colorado Electric, LLC; and Black Hills Colorado Wind, LLC: Wilkinson Barker Knauer, LLP, Raymond L. Gifford , Caitlin M. Shields , Ethan D. Jeans , Denver, Colorado, Black Hills Corporation, Tyler E. Mansholt , Denver, Colorado.

En Banc.

¶1 Appellant San Isabel Electric Association, Inc. is a rural cooperative electric association that holds two certificates of public convenience and necessity ("CPCNs") issued by the Colorado Public Utilities Commission ("PUC"). Under its CPCNs, San Isabel has the exclusive right to provide...

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