Decision 39878
Served (printed as 4/23/2009) · Decision · Entire Board
DECISION ORDERED A PORTION OF ARIZONA ELECTRIC POWER COOPERATIVE, INC.'S (AEPCO'S) RATE REASONABLENESS COMPLAINT TO BE HELD IN ABEYANCE PENDING A DETERMINATION BY THE U.S. DISTRICT COURT FOR THE DISTRICT OF ARIZONA AS TO WHETHER, AND TO WHAT EXTENT, A RAIL TRANSPORTATION CONTRACT EXISTS BETWEEN UNION PACIFIC RAILROAD COMPANY AND AEPCO FOR TRAFFIC ORIGINATING IN COLORADO AND WYOMING'S SOUTHERN POWDER RIVER BASIN (SPRB). THIS DECISION ALSO MOVED THE COLORADO/SPRB PORTION OF AEPCO'S RATE COMPLAINT TO A SUB-DOCKET OF THIS PROCEEDING AND ORDERED THAT AEPCO'S MOTION TO COMPEL DISCOVERY BE HELD IN ABEYANCE PENDING A BOARD DECISION TO RESUME THE NEWLY SUB-DOCKETED PROCEEDING.
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