U S West Communications, Inc. v. Wyoming Public Service Commission

I can support completely the well-reasoned opinion of the majority except for that part that is found under the subtitle “Unreasonable Discrimination.” At that juncture, it seems to me that the majority opinion creates a fish with feathers or perhaps a bird with scales. In the initial ruling, under the subtitle “Competitive and Noncompetitive Services,” the majority correctly construes the statutory scheme to the end that Centrex Plus is “not an essential service as defined by statute and, therefore, is not subject to regulation as a noncompetitive-service.” Op. at 1067. The majority,…