Metropolitan Utilities District v. Aquila, Inc.

Metropolitan Utilities District of Omaha (MUD) appeals the district court’s order affirming a decision of the Nebraska Public Service Commission (PSC). The PSC ordered MUD to cease and desist construction of a gas main extension. Aquila, Inc., MUD’s competitor, filed a formal complaint with the PSC for a determination that MUD’s proposed extension was not in the public interest as required by Neb. Rev. Stat. § 57-1303 (Reissue 2004). The PSC found that MUD’s extension was not in the public interest and ordered MUD to cease and desist construction. Applying the factors set out in § 57-1303,…