Montana Power Co. v. Department of Public Service Regulation

HONORABLE JAMES B. WHEELIS, DISTRICT JUDGE,*

delivered the opinion of the Court.

*226Montana Power Company (MPC) appeals from a judgment entered in the Silver Bow County District Court, the Honorable Mark P. Sullivan presiding, affirming an order of the Public Service Commission (PSC) which set allowable electric rates.

In April 1980 MPC filed an application for electric rate increases with the PSC. In its request MPC asked the PSC to accept, as a part of the rate base, money expended by the company in obtaining coal from Western Energy Company (Western Energy). Western Energy is MPC’s wholly-owned…