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CITY OF GREAT FALLS v. DEPT. OF PUBLIC SVC.

No. DA 10-0337.

254 P.3d 595 (2011)

2011 MT 144

The CITY OF GREAT FALLS, Benefis Health Care, Inc., and Electric City Power, Inc., Petitioners and Appellees, v. MONTANA DEPARTMENT OF PUBLIC SERVICE REGULATION, Public Service Commission, and Northwestern Energy, Respondents and Appellants.

Supreme Court of Montana.

Decided June 21, 2011.

Attorney(s) appearing for the Case

For Appellants: Jim Paine , Special Assistant Attorney General, Helena, Montana (Public Service Regulation and Public Service Commission), Scott M. Stearns and Thomas J. Leonard , Boone Karlberg, P.C., Missoula, Montana (NorthWestern Energy), Jason Williams , Attorney at Law, Butte, Montana (NorthWestern Energy).

For Appellee: John Alke , Hughes, Kellner, Sullivan & Alke, PLLP, Helena, Montana (Benefis Health Care, Inc.).

For Amicus: Lisa A. Speare and John Walker Ross , Brown Law Firm, P.C., Billings, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 The Montana Public Service Commission (PSC) and NorthWestern Energy (NWE) appeal from an order of the First Judicial District Court, Lewis and Clark County, reversing the PSC's Final Order No. 6964 (Final Order).

¶ 2 The sole issue on appeal is whether the District Court erred in interpreting § 69-8-201(2), MCA (2007), as granting Benefis Health Care, Inc. (Benefis), the right...

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