Parties debate whether commission applied new expanded public‑interest statute

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.