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CITY OF DES MOINES v. IOWA STATE COMMERCE

No. 62520.

285 N.W.2d 12 (1979)

CITY OF DES MOINES, Iowa, Appellant, v. The IOWA STATE COMMERCE COMMISSION, Appellee, Iowa Power and Light Company, Intervenor-Appellee.

Supreme Court of Iowa.

November 14, 1979.

Attorney(s) appearing for the Case

Phillip T. Riley and M. A. Iverson, Des Moines, and John H. Reichman of Surrey, Karasik, Morse & Seham, New York City, for appellant.

James R. Maret, Gary D. Stewart, and Diane L. McIntire, Des Moines, for appellee.

John C. Cortesio, Jr., Terry C. Hancock, and William L. Dawe of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for intervenor-appellee.

Considered en banc.

McGIVERIN, Justice.

The controlling question in this appeal is whether the franchise fee charged Intervenor Iowa Power and Light Company (Iowa Power) by petitioner City of Des Moines, Iowa (City), should be collected only from Iowa Power's customers in Des Moines or whether that cost should be paid as a system-wide expense by all the customers Iowa Power serves. Respondent Iowa State Commerce Commission (Commission) and the district court ruled the franchise fee should...

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