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determined, provided that the effective Allowable Return on <br />Common Equity for interim rates shall not be less than <br />that existing at the time of the filing for a change in the <br />Allowable Return on Common Equity. The Allowable Return on <br />Common Equity finally determined shall be effective as of <br />the proposed effective date. <br />Subd. 3. Within ten days after receipt of the <br />order of determination, any Party may appeal the order to a <br />hearing panel by filing a notice of appeal with the Authority <br />and Company. The panel shall consist of three members <br />of professional standing, each having one vote. The <br />members of the hearing panel shall be selected as follows: <br />Within 20 days of notice of appeal the Company and the <br />Authority shall each appoint a panel member and each shall <br />immediately notify the other of such appointment. The <br />two panel members so appointed shall, within five days <br />after the second member is appointed, select a third panel <br />member. If the first two panel members are unable to agree <br />on a third panel member, the third panel member shall be <br />appointed by the Chief Judge of the Hennepin County District <br />Court upon application of either Company or Authority with <br />five days notice to the other. In the event either Company <br />or Authority fails within said twenty days to appoint a <br />panel member, the member appointed by the other party <br />shall proceed as a single member and issue his order, which <br />shall constitute the order of the panel. <br />18 <br />