While most people could have sworn they heard the fat lady singing following the North Dakota Supreme Court's unanimous decision regarding electrical service to Boulder Ridge, Montana-Dakota Utilities thinks there may be one more act in the opera.

MDU spokesman Dan Sharp reports that the utility company is strongly considering petitioning the state Supreme Court for reconsideration. MDU has 14 days from release of the Supreme Court opinion regarding Boulder Ridge to request reconsideration.

"We think the court should have remanded the dispute back to the Bismarck City Commission," Sharp said.

MDU's attorneys maintain that the North Dakota constitution provides for city commissions to award, administer and regulate franchises. The Bismarck city commission originally determined that the electrical franchise for Boulder Ridge belonged to MDU, and that decision was upheld by district judge Bruce Haskell.

But the Supreme Court reversed Haskell's decision, saying that MDU and Capital Electric Cooperative both had franchises for Boulder Ridge. The Supreme Court further decided that the determination of service was within the jurisdiction of the Public Service Commission. The PSC had decided earlier that Capital Electric was better suited to serve the subdivision and employed the state Century Code's Territorial Integrity Act in favor of the cooperative.

There had been some expectations that the Supreme Court would address the inconsistencies between the TIA and the constitution's provision for franchises. But the judges held to the Century Code, on which the PSC based its decision.

"We believe that, because of the constitutional provisions, it is the city's, not only right, but responsibility to administer franchises," Sharp said.

Supreme Court Clerk Penny Miller said that petitions for reconsideration are not unusual and are a written document, not a hearing.

"The petition is supposed to basically address, and state specifically, what points of law or fact they believe the Supreme Court has overlooked or misapprehended," Miller said.

Under the rules, Capital Electric is not allowed to respond unless requested to do so by the judges. Miller said the judges who participated in the ruling will likely meet via a conference call to discuss the petition.

If the court denies the request, there will be no further recourse but to obey the court's ruling. If the court approves the request, a new hearing could take place.

Capital Electric attorney Carol Larson said she does not expect such a petition to be successful, especially considering it was a unanimous decision on behalf of the five Supreme Court judges. She said MDU did make similar arguments and it was likely the court took that into consideration in their decision.

"Petitions are rarely granted," Larson said. "This is a state issue and not a federal issue and, in my opinion, the conclusion of the case."