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NODAK ELEC. COOP. v. PUBLIC SERVICE COM'N

No. 20220122.

982 N.W.2d 592 (2022)

2022 ND 225

NODAK ELECTRIC COOPERATIVE, INC., Appellant and Cross-Appellee v. NORTH DAKOTA PUBLIC SERVICE COMMISSION, and City of Drayton, Appellees and Otter Tail Power Company, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

Filed December 8, 2022.

Attorney(s) appearing for the Case

Kimberly J. Radermacher , Edgeley, ND, for for appellant and cross-appellee.

Paul R. Sanderson (argued), Bismarck, ND, and Robert M. Endris (appeared), Fergus Falls, MN, for appellee Otter Tail Power Company.

Brian L. Johnson , Special Assistant Attorney General, Bismarck, ND, for appellee North Dakota Public Service Commission.

Steven C. Ekman (on brief), Grafton, ND, for appellee City of Drayton.

Stephanie D. Engebretson (on brief), Bismarck, ND, for amicus curiae North Dakot League of Cities.

[¶1] Nodak Electric Cooperative, Inc., appeals, and Otter Tail Power Company cross-appeals, from a district court judgment affirming the Public Service Commission's order relating to electric service in the City of Drayton. We reverse the judgment and vacate the PSC's order, concluding the PSC lacked jurisdiction to rule...

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