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DESERT POWER, LP v. PUBLIC SERVICE COM'N

No. 20061111-CA.

173 P.3d 218 (2007)

2007 UT App 374

DESERT POWER, LP, Petitioner, v. PUBLIC SERVICE COMMISSION and PacifiCorp, Respondents.

Court of Appeals of Utah.

Rehearing Denied December 18, 2007.

Attorney(s) appearing for the Case

Stephen F. Mecham, Salt Lake City, for Petitioner.

Sander J. Mooy and Dean Brockbank, Salt Lake City; and David L. Elmont, St. George, for Respondents.

Before BENCH, P.J., ORME, and THORNE, JJ.

OPINION

BENCH, Presiding Judge:

¶ 1 Desert Power, LP (Desert Power) petitions this court for review of an order issued by the Public Service Commission (the Commission) in which the Commission determined that Desert Power could not be excused from performing its contract with PacifiCorp by virtue of an event of force majeure. Specifically, Desert Power argues that the Commission erroneously interpreted the force majeure provision of the contract and...

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