Windway Technologies, Inc. v. Midland Power Cooperative

TERNUS, Justice.

The primary issue in this case is whether a nonrate-regulated utility should be required to sell energy to alternate energy producers on a net metering basis. The district court ruled the appellant, Midland Power Cooperative, must connect to wind generators owned by the appellees, Gregory and Beverly Swecker and Welch Motels, Inc., using net metering. When this court first considered Midland’s appeal of the district court judgment, we agreed with the district court. Thereafter, we granted Midland’s petition for rehearing and withdrew our original opinion. Upon further…