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SZ ENTERPRISES, LLC v. IOWA UTILITIES BD.

No. 13-0642.

850 N.W.2d 441 (2014)

SZ ENTERPRISES, LLC d/b/a Eagle Point Solar, Appellee, v. IOWA UTILITIES BOARD, a Division of the Department of Commerce, State of Iowa, Appellant, Interstate Power and Light Company, Iowa Association of Electric Cooperatives, and MidAmerican Energy Company, Intervenors-Appellants, Office of Consumer Advocate, Environmental Law & Policy Center, Iowa Environmental Council, Iowa Solar/Small Wind Energy Trade Association, Iowa Renewable Energy Association, Solar Energy Industries Association, and Vote Solar Initiative, Intervenors-Appellees.

Supreme Court of Iowa.

July 11, 2014.

Attorney(s) appearing for the Case

David J. Lynch and Gary D. Stump , Des Moines, for appellant Iowa Utilities Board.

Scott M. Brennan , Deborah M. Tharnish , and Sarah E. Crane of Davis Brown Law Firm, Des Moines, Paula N. Johnson , Cedar Rapids, and Suzan M. Stewart , Sioux City, for appellants Interstate Power and Light Company and MidAmerican Energy Company.

Dennis L. Puckett and Elizabeth N. Overton of Sullivan & Ward, P.C., West Des Moines, for appellant Iowa Association of Electric Cooperatives.

Philip E. Stoffregen , James L. Pray , and Jonathan M. Gallagher of Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L.C., Des Moines, for appellee SZ Enterprises, LLC.

Mark R. Schuling , Consumer Advocate, and Jennifer C. Easler , Des Moines, for appellee Office of Consumer Advocate.

Bradley D. Klein , Chicago, Illinois, and Joshua T. Mandelbaum , Des Moines, for appellee intervenors Solar Coalition.

APPEL, Justice.

In this case, we consider whether SZ Enterprises, LLC, d/b/a Eagle Point Solar (Eagle Point) may enter into a long term financing agreement related to the construction of a solar energy system on the property of the city of Dubuque under which the city would purchase from Eagle Point, on a per kilowatt hour (kWh) basis, all of the electricity generated by the system. Prior to proceeding with the project...

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