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STATE OF MINNESOTA
IN COURT OF APPEALS
C1-96-2113

In the Matter of the Proposal by Lakedale
Telephone Company to Offer Three
Additional CLASS Services.

Filed April 1, 1997
Affirmed
Mansur, Judge*

Minnesota Public Utilities Commission
File No. P413/M-95-269

Susan Rester Miles, Jaymes D. Littlejohn, Hessian, McKasy & Soderberg, 4700 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402 (for relator Lakedale Telephone Company)
Hubert H. Humphrey III, Attorney General, Margie E. Hendriksen, Lisa R. Youngers, Assistant Attorneys General, 121 Seventh Place East, Suite 350, St. Paul, MN 55101-2147 (for respondent Minnesota Public Utilities Commission)
Hubert H. Humphrey III, Attorney General, Ellen C. Gavin, Assistant Attorney General, 1200 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101-2130 (for respondent Minnesota Department of Public Service)
Considered and decided by Crippen, Presiding Judge, Peterson, Judge, and Mansur, Judge.

S Y L L A B U S
1.
This court may decline to substitute its judgment when an agency has rejected evidence as unpersuasive.

2.
An agency need not engage in formal rulemaking proceedings when a legislative decision is made during the course of adjudicatory proceedings, is based on the specific facts of the case, and is not a statement of general applicability and future effect.


Affirmed.

O P I N I O N
MANSUR, Judge
The Minnesota Public Utilities Commission (MPUC) rejected Lakedale Telephone Company's evidence supporting its proposal to bill customers $.02 per line per month for call tracing service. Instead, the MPUC ordered the company to temporarily charge a $1 per activation fee for the service. We affirm.

FACTS
The legislature has directed the MPUC to determine the terms and conditions under which telephone companies in Minnesota may provide custom local area signaling (CLASS) service. Minn. Stat.

Download c1962113.pdf

Minnesota Law