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LS POWER MIDCONTINENT, LLC v. STATE

No. 21-0696.

988 N.W.2d 316 (2023)

LS POWER MIDCONTINENT, LLC and Southwest Transmission, LLC, Appellants, v. STATE of Iowa, Iowa Utilities Board, Geri D. Huser, Glen Dickinson, and Leslie Hickey, Appellees, and MidAmerican Energy Company and ITC Midwest LLC, Intervenor-Appellees.

Supreme Court of Iowa.

Filed March 24, 2023.

Rehearing Denied April 26, 2023.

Attorney(s) appearing for the Case

Michael R. Reck (argued), Charles F. Becker , and Erika L. Bauer (until withdrawal) of Belin McCormick, P.C., Des Moines, for appellants.

Brenna Bird , Attorney General, and David M. Ranscht (argued) and Benjamin Flickinger (until withdrawal), Assistant Attorneys General, for State appellees.

Stanley J. Thompson (until withdrawal), Elizabeth R. Meyer , and Tara Z. Hall of Dentons Davis Brown PC, West Des Moines, for intervenor-appellee MidAmerican Energy Company.

Bret A. Dublinske (argued) and Lisa M. Agrimonti of Fredrikson & Byron, P.A., Des Moines, and Amy Monopoli (until withdrawal) of ITC Holdings Corp., Des Moines, for intervenor-appellee ITC Midwest LLC.

Lynn C. Herndon of Nyemaster Goode, P.C., Des Moines, and Kenneth R. Stark of McNees Wallace & Nurick LLC, Harrisburg, PA, for amicus curiae Coalition of MISO Transmission Customers.

Terri C. Davis and Kelly A. Cwiertny of Shuttleworth & Ingersoll, P.L.C, Cedar Rapids, for amicus curiae Resale Power Group of Iowa.

Samantha C. Norris , Haley R. Van Loon , and Jackson G. O'Brien of Brown, Winick, Graves, Gross and Baskerville, P.L.C. for amicus curiae NextEra Energy Transmission, LLC.

Waterman, J., delivered the opinion of the court, in which all participating justices joined. Oxley, McDermott, and May, JJ., took no part in the consideration or decision of the case.

In this appeal, we must decide whether the district court correctly ruled that qualified would-be competitors in the electric transmission market lacked standing to challenge new legislation that blocks them from bidding against existing Iowa operators on future projects. The statute at issue, Iowa Code section 478.16 (2020),...

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