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STATE OF MINNESOTA IN COURT OF APPEALS A06-2275 Irene Hoffman, et al., Respondents, vs. Northern States Power Company, d/b/a Xcel Energy, Appellant.

Filed January 22, 2008 Certified question answered in the affirmative, reversed and remanded Halbrooks, Judge

Hennepin County District Court File No. 27-CV-06-5365

Vincent J. Esades, Lori A. Johnson, Scott W. Carlson, Heins Mills & Olson, P.L.C., 3550 IDS Center, 80 South 8th Street, Minneapolis, MN 55402; and Charles S. Siegel (pro hac vice), Waters & Kraus, LLP, 3219 McKinney Avenue, Suite 3000, Dallas, TX 75204 (for respondents) Timothy R. Thornton, Thomas J. Basting, Jr., Briggs and Morgan, P.A., 2200 IDS Center, 80 South 8th Street, Minneapolis, MN 55402 (for appellant)

Considered and decided by Halbrooks, Presiding Judge; Stoneburner, Judge; and Minge, Judge. SYLLABUS The filed-rate doctrine bars a claim by utility customers alleging that the utility was required but failed to provide certain services under a tariff subject to approval by the Minnesota Public Utilities Commission.

OPINION HALBROOKS, Judge By certified question pursuant to Minn. R. Civ. App. P. 103.03(i), the district court asks (1) whether the filed-rate doctrine bars respondents action and (2) whether the primary-jurisdiction doctrine requires the district court to defer resolution of the services required by the applicable tariffs to the responsible administrative agency. Because respondents claim for damages, along with either specific performance or injunctive relief, amounts to an attack on tariffs filed with the appropriate regulatory entity, we answer the first certified question in the affirmative, reverse the district courts denial of a motion to dismiss on that ground, and remand to the district court for entry of judgment. Because our answer to the first certified question is dispositive, we do not reach the second certified question. FACTS Appellant Northern States Power Company, d/b/a Xcel Energy (NSP), provides electrical service to customers located in Minnesota, North Dakota, and South Dakota. The relationship between NSP and its customers is regulated by tariffs authorized by the utility regulatory agencies of the three states. The tariffs set forth the rates that NSP charges for services as well as the obligations of NSP and its customers to each other. All three states have identical tariffs. In Minnesota, the legislature has established a comprehensive system for the regulation of utilities. Minn. Stat.

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