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IN RE QWEST'S PERFORMANCE ASSUR. PLAN

No. A09-1493.

783 N.W.2d 571 (2010)

In the Matter of QWEST'S PERFORMANCE ASSURANCE PLAN. In the Matter of Qwest's Wholesale Quality Standards.

Court of Appeals of Minnesota.

June 8, 2010.

Attorney(s) appearing for the Case

Karen Finstad Hammel, Assistant Attorney General, St. Paul, MN, for relator Minnesota Department of Commerce.

Jeanne M. Cochran, Assistant Attorney General, St. Paul, MN, for respondent Minnesota Public Utilities Commission.

Considered and decided by SCHELLHAS, Presiding Judge; LANSING, Judge; and HALBROOKS, Judge.

OPINION

SCHELLHAS, Judge.

Relator Minnesota Department of Commerce challenges respondent Minnesota Public Utilities Commission's decision regarding the disposition of the balance remaining in the Tier 2 Special Fund under Qwest's Performance Assurance Plan. Relator argues that respondent's decision to distribute the money to K-12 schools in the form of telecommunications grants contravenes Minn.Stat. § 16A.151, which relator argues requires respondent...

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