Mountain States Legal Foundation v. Public Utilities Commission

I respectfully dissent.

The question is whether, in adopting reduced gas rates for two classes of low-income customers — the elderly and the disabled — the P.U.C. has established preferential and unjustly discriminatory rates forbidden by sections 40-3-102 and 40-3-106(1). In my view the P.U.C. has acted within its constitutional and statutory authority.

The majority opinion acknowledges that the determination of utility rates is a purely legislative function which has been delegated, in the first instance, to the P.U.C. by Article XXV of the Colorado Constitution. This Court has previously…