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MOUNTAIN COMMUNITIES v. PUB. SERV. COM'N

Nos. 33375, 33376.

665 S.E.2d 315 (2008)

MOUNTAIN COMMUNITIES FOR RESPONSIBLE ENERGY, Intervenor Below, Appellant v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA and Beech Ridge Energy, L.L.C.; West Virginia State Building and Construction Trades Council, AFL-CIO, Defendants Below, Appellees. Alicia A. Eisenbeiss and Jeffrey C. Eisenbeiss, Intervenors Below, Appellants v. Public Service Commission of West Virginia and Beech Ridge Energy, L.L.C.; West Virginia State Building and Construction Trades Council, AFL-CIO, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 23, 2008.

Dissenting Opinion of Justice Starcher July 17, 2008.

Attorney(s) appearing for the Case

Justin R. St. Clair, Esq., Dalton Law Offices, Peterstown, WV, for Mountain Communities for Responsible Energy.

Jeffrey C. and Alicia A. Eisenbeiss, Renick, WV, pro se.

Lee F. Feinberg, Esq., Susan J. Riggs, Esq., Grant P.H. Shuman, Esq., Spilman Thomas & Battle, P.L.L.C., Charleston, WV, for Beech Ridge Energy, L.L.C.

Vincent Trivelli, Esq., The Calwell Practice, P.L.L.C., Morgantown, WV, for West Virginia State Building and Construction Trades Council, AFL-CIO.

John Auville, Esq., Richard E. Hitt, Esq., Charleston, WV, for West Virginia Public Service Commission.

PER CURIAM.

These consolidated cases are before this Court upon appeal of a final order of the Public Service Commission (hereinafter, the "Commission"). The appellant, Mountain Communities for Responsible Energy (hereinafter, "MCRE"), a nonprofit group, and co-appellants Alicia A. and Jeffrey C. Eisenbeiss, two local property owners, appeal the Commission's January 11, 2007, final order denying their petitions for reconsideration of its August 28, 2006, order, which...

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