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IN RE EXCELSIOR ENERGY, INC.

No. A09-1441.

782 N.W.2d 282 (2010)

In the Matter of a Petition by EXCELSIOR ENERGY INC. for Approval of a Power Purchase Agreement Under Minn. Stat. 216B.1694, Determination of Least Cost Technology, and Establishment of a Clean Energy Technology Minimum Under Minn. Stat. 216B.1693.

Court of Appeals of Minnesota.

May 18, 2010.

Attorney(s) appearing for the Case

Byron E. Starns, Jr., Brian M. Meloy, Leonard, Street and Deinard, Minneapolis, MN; and Thomas L. Osteraas, Excelsior Energy, Minnetonka, MN, for relator Excelsior Energy and MEP-I, LLC.

Lori Swanson, Attorney General, Alison C. Archer, Anna Elizabeth Jenks, Assistant Attorneys General, St. Paul, MN, for respondent Minnesota Public Utilities Commission.

Michael C. Krikava, Zeviel T. Simpser, Briggs and Morgan, Minneapolis, MN; and Christopher B. Clark, Mara N. Koeller, Xcel Energy Services, Minneapolis, MN, for respondent Northern States Power Co.

David Moeller, Duluth, MN, for respondent Minnesota Power.

Considered and decided by CONNOLLY, Presiding Judge; HUDSON, Judge; and JOHNSON, Judge.

OPINION

HUDSON, Judge.

In this certiorari appeal, relator Excelsior Energy Inc. challenges the decision of the Minnesota Public Utilities Commission that its proposed power-purchase agreement with Northern States Power, d/b/a Xcel Energy Services Inc., is not in the public interest under Minn.Stat. § 216B.1694, subd. 2(a)(7). By notice of review, respondent Minnesota Power seeks reversal of the commission's determination that Excelsior's project qualifies...

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