[DOWNLOAD] "City Of Montrose V. Public Utilities Commission" by Colorado Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: City Of Montrose V. Public Utilities Commission
• Author : Colorado Supreme Court
• Release Date : January 23, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

This is an appeal by the City of Montrose from a judgment of the District Court for  Montrose County upholding a decision of the Public Utilities Commission on certiorari review under section 40-6-115, 17 C.R.S. (1984). The Public Utilities Commission (Commission) entered the decision following a hearing concerning revised tariffs filed by Rocky Mountain Natural Gas Company, Inc. (Rocky Mountain) for the purpose of increasing rates and charges for natural gas in its western slope service area. Pursuant to section 40-3-106(4), 17 C.R.S. (1984), enacted in 1981, the Commission had previously directed Rocky Mountain to file revised tariffs containing the provision that any franchise fees paid by Rocky Mountain to a municipality be surcharged only to customers within that municipality rather than being divided among all customers in Rocky Mountain's rate area. The City of Montrose did not challenge Rocky Mountain's rates and charges but objected to this method of surcharging franchise fees and contended in the rate proceeding that the statute on which the surcharge order was based violates several provisions of the Colorado and United States constitutions. On appeal from the Commission's decision, the district court rejected these arguments and sustained the order of the Commission. We agree that the constitutional challenges are not meritorious, and we therefore affirm the judgment of the district court.

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