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TRI-STATE GENERATION & TRANS. v. PSC

No. 89-26.

784 P.2d 627 (1989)

TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC; the United States of America; Carbon Power & Light, Inc.; Wheatland Rural Electric Association, Inc.; Rural Electric Company; Wyrulec Company; Riverton Valley Electric Association, Inc.; Hot Springs County Rural Electric Association, Inc.; Niobrara Electric Association, Inc.; Big Horn Rural Electric Company; and Wyoming Rural Electric Association, Petitioners, v. The WYOMING PUBLIC SERVICE COMMISSION; John R. Smyth, Bil Tucker, and Nels J. Smith, in their official capacities as Commissioners of the Wyoming Public Service Commission; PacifiCorp, d/b/a Pacific Power and Light Company; Shoshone River Power, Inc.; and Garland Light & Power Company, Respondents.

Supreme Court of Wyoming.

December 29, 1989.

Attorney(s) appearing for the Case

Michael A. Williams, Robert E. Youle, and Edward A. Gleason of Sherman & Howard, Denver, Colo., and Bruce Asay of Kline, Buck & Asay, Cheyenne, for petitioner Tri-State Generation and Transmission.

John R. Bolton, Asst. Atty. Gen., Cheyenne, Richard Allen Stacy, U.S. Atty., Cheyenne, J. Christopher Kohn and Larry R. Steffes, Washington, D.C., for petitioner U.S.

Joseph B. Meyer, Atty. Gen., Mary B. Guthrie, Roger C. Fransen, Sr. Asst. Attys. Gen., Cheyenne, for respondent Public Service Com'n of Wyoming.

Stanley K. Hathaway of Hathaway, Speight & Kunz, Cheyenne, and Stephen S. Walters and George M. Galloway of Stoel, Rives, Boley, Jones & Grey, Portland, Or., for respondent PacifiCorp.

Robert D. Olson of Goppert, Olson & Guill, Cody, for respondent Shoshone River Power, Inc.

Ross D. Copenhaver and Tracy J. Copenhaver of Copenhaver, Kath & Kitchen, Powell, for respondent Garland Light and Power Co.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

CARDINE, Chief Justice.

In this case, petitioners, Tri-State Generation and Transmission Association, Inc. (Tri-State) and its member utilities, along with the Rural Electrification Administration (REA), seek reversal of an order of the Wyoming Public Service Commission (PSC) which approved the sale of the assets of Shoshone River Power, Inc. (Shoshone) and Garland Light & Power Company (Garland) to Pacific Power and Light Company (PP & L), claiming the sales...

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