Parties debate whether commission applied new expanded public‑interest statute
Summary
Counsel and judges disputed whether the commission "applied" or "declined to apply" the expanded public‑interest factors that took effect in 2022 and whether that choice creates preclusive effect for later review.
A central line of questioning addressed whether the expanded public‑interest standard that took effect on Jan. 1, 2022, was applied by the commission in its 2022 order or whether the commission explicitly declined to apply the statute. Alexander Cory told the court the commission "said the statute does not apply" and thus did not apply the factors, while other counsel urged the court to read limited passages in context and to treat settled determinations in the 2022 order as binding.
Judges asked for precise citations and whether the commission's language reflects a discretionary decision not to apply the factors or a determination the statute was inapplicable. Counsel on both sides pointed the panel to multiple paragraphs in the administrative record to support their positions and offered to submit supplemental briefing.
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