It appears Capital Electric Cooperative isn't willing to let the Bismarck City Commission make the decision on its dispute over service to the Boulder Ridge development with MDU.

Capital Electric has filed a complaint with the Public Service Commission seeking an "Order restraining and enjoining Montana-Dakota Utilities Inc. from constructing or extending its interfering line into Capital Electric Cooperative's franchised service area." Capital Electric further contends an emergency exists and requests a hearing at the PSC's earliest opportunity.

The PSC meets today, according to its president, Tony Clark, but it's unlikely the commission will take up the matter at this meeting. He thinks the issue will be taken up at the PSC's Oct. 18 meeting.

The Bismarck City Commission heard the matter for the first time last month as Capital Electric and MDU asked commissioners to determine who held the franchise rights to the subdivision in north Bismarck. City administrator Bill Wocken says that as far as he knows the commission plans to hear presentations from both sides at its Nov. 11 meeting.

Both MDU and Capital Electric have installed lines to serve the subdivisions. Capital Electric has put its electrical lines in alongside Midcontinent's cable lines and MDU has put lines in along with their natural gas lines, since they are the only providers of natural gas in the area.

Filing the complaint is the first step, according to Clark. At its Oct. 18 meeting, the PSC will likely declare prima facie.

"In other words, the complaint will be served on the subject (MDU)," Clark says. "At that time we'll set a hearing date and time. Both companies will be given a chance to build their cases and present them."

The earliest the hearing will be held is 45 days following the PSC's declaration of prima facie.

Clark said that over the years the PSC has heard a number of controversial cases regarding the Territorial Integrity Act, but not since he became a member.

"This is just the very, very first step. One party has filed a complaint and the other side now gets a chance to respond," Clark says.

It has yet to be determined whether the PSC has jurisdiction in the matter.

Capital Electric says a 30-year-old service area agreement gives them franchising rights to the subdivisions Bismarck annexes. MDU said it sent a letter to Capital Electric canceling the service area agreement and freezing Capital Electric's service area.

Capital Electric's complaint requests the PSC to stop MDU from constructing or extending its interfering lines, plant or system into Capital Electric's franchised service area and requires immediate removal of all of MDU's facilities in Capital Electric's service area.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)