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WHITEHALL WIND v. MONTANA PUBLIC SERVICE

No. DA 09-0108.

223 P.3d 907 (2010)

2010 MT 2

355 Mont. 15

WHITEHALL WIND, LLC, a Montana Limited Liability Corporation, Plaintiff and Appellee, v. The MONTANA PUBLIC SERVICE COMMISSION, an Agency of the State of Montana, Defendant and Appellant, and Northwestern Energy, Intervenor.

Supreme Court of Montana.

Decided January 5, 2010.

Attorney(s) appearing for the Case

For Appellant: Robin A. McHugh, Special Assistant Attorney General, Montana Public Service Commission, Helena, Montana.

For Appellee: Marc G. Buyske and Michael J. Uda; Doney Crowley Bloomquist Payne Uda, P.C.; Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The Montana Public Service Commission (PSC) and NorthWestern Energy (NorthWestern) appeal an order of the Fifth Judicial District Court, Jefferson County, reversing and remanding the PSC's order setting a standard tariff rate for NorthWestern Energy's purchase of electricity from Whitehall Wind (Whitehall). We affirm.

¶ 2 We review the following issues on appeal:

¶ 3 Was...

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