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IN RE BLACK HILLS POWER, INC.

No. 27751.

889 N.W.2d 631 (2016)

2016 S.D. 92

In the Matter of the Application of BLACK HILLS POWER, INC. for authority to increase its electric rates.

Supreme Court of South Dakota.

Decided December 14, 2016.

Attorney(s) appearing for the Case

Mark A. Moreno of Moreno, Lee & Bachand, PC, Pierre, South Dakota, Andrew P. Moratzka of Stoel Rives, LLP, Minneapolis, Minnesota, and Chad T. Marriott of Stoel Rives, LLP, Portland, Oregon, Attorneys for appellants GCC Dacotah, Inc., Pete Lien & Sons, Inc., Rushmore Forest Products, Inc., Spearfish Forest Products, Inc., Rapid City Regional Hospital, Inc. & Wharf Resources, Inc., together the Black Hills Industrial Intervenors.

Lee A. Magnuson , Nicole O. Tupman , Lindquist & Vennum LLP, Sioux Falls, South Dakota, and Todd Brink , Amy Koenig of Black Hills Power Corporation, Rapid City, South Dakota, Attorneys for appellee Black Hills Power.

Karen E. Cremer , Special Assistant Attorney General, South Dakota Public Utilities Commission, Pierre, South Dakota, Attorneys for appellee South Dakota Public Utilities Commission.

[¶ 1.] In March 2014, Black Hills Power, Inc., (BHP) filed an application for authority to increase electric rates with the South Dakota Public Utility Commission. In June 2014, Black Hills Industrial Intervenors (BHII)1 filed a motion to intervene, and the Commission granted the motion. The parties...

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