Opinion
No. 117592 (72).
October 11, 2000.
COA: 215919, MPSC: U-11449, U-11528.
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal from the August 14, 2000, decision of the Court of Appeals is also considered and, in lieu of granting leave to appeal, we DIRECT the Court of Appeals to issue a prompt decision on whether the conflict of interest question raised at the oral argument presents a live controversy in this case or the dispute is purely hypothetical. If the court determines that it is going to decide the matter, we further DIRECT the court to also address the question whether the Public Service Commission has standing to participate in the appeal, in defense of its own ruling. The Court is to issue a decision on these matters within 60 days of this order.
Taylor, J., not participating.