In Re the Review of the 2005 Annual Automatic Adjustment of Charges for All Electric & Gas Utilities

DISSENT

ANDERSON, G. BARRY, Justice

(dissenting).

I respectfully dissent, because the Commission has failed to explain why it has departed from prior norms and has not set forth a “reasoned analysis” for the departure and its actions with regard to the matter before us are therefore arbitrary and capricious. See Sierra Club v. Clark, 755 F.2d 608, 619 (8th Cir.1985) (citation omitted) (internal quotation marks omitted).

Preliminarily, but fundamentally, it is important to note that the language governing the authority of the Commission to grant a variance is mandatory rather than permissive. The…