Southeast Colorado Power Ass'n v. Public Utilities Commission

ON PETITION FOR REHEARING.

Mr. Justice McWilliams:

In its Petition for Rehearing Southeast asserts that the so-called “Gentlemen’s Agreement” between Southeast and Lamar is an enforceable contract and that this contract in and of itself is dispositive of the entire case. In thus asserting Southeast relies on Intermountain Rural Electric Association, Inc. v. Colorado Central Power Co. 135 Colo. 42, 307 P.2d 1101.

In our view the instant case is quite different from the Intermountain case in that the contract there under con*98sideration was found to be one which in nowise tended to impair the…