Homer Elec. Ass'n, Inc. v. City of Kenai

OPINION

BURKE, Justice.

In this case, the Alaska Public Utilities Commission (APUC) decided a dispute over who should bear the costs of relocating a utility’s equipment in a municipal right of way when the municipality’s own improvement project made the relocation necessary. On administrative appeal, the superi- or court found that the APUC had acted beyond its jurisdiction. We disagree. Accordingly, we reverse the superior court’s decision on the jurisdictional issue and remand for appellate review of the underlying APUC decision.

I

In 1971, the City of Kenai (City) and Homer Electric…