District Court, D. Montana January 11, 1985, No. CV-84-138-H (Basin Electric Power Cooperative v. Department of Public Service Regulation)

MEMORANDUM OPINION

BATTIN, Chief Judge.

Plaintiff Basin Electric Power Cooperative (Basin Electric) has filed a second motion for summary judgment in the above-captioned case. Plaintiff asserts that defendant Montana Public Service Commission (PSC) lacks statutory authority and does not have standing to raise any claims for relief set forth in its cross-claim.