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STATE EX REL. KAN. POWER & LIGHT CO. v. PSC

No. WD 41183.

770 S.W.2d 740 (1989)

STATE of Missouri, ex rel., KANSAS POWER AND LIGHT COMPANY, Appellant, Laclede Gas Company (Intervenor), Appellant, State of Missouri, ex rel., Mississippi River Transmission Corporation, State of Missouri, ex rel., Monsanto Company, et al., Respondents, Midwest Gas Users Association, et al., Office of the Public Counsel, Plaintiffs, v. The PUBLIC SERVICE COMMISSION OF the STATE of MISSOURI, Respondent-Appellant.

Missouri Court of Appeals, Western District.

May 23, 1989.

Attorney(s) appearing for the Case

Martin J. Bregman, Topeka, Kan., for Kansas Power & Light.

Donald L. Godiner, Gerald T. McNeive, Jr., St. Louis, for Laclede Gas Co.

Richard S. Brownlee, III, Hendren and Andrae, Jefferson City, for Mississippi River Transmission Corp.

Gary D. McConnell, George M. Pond, Robert C. Johnson, Peper, Martin, Jensen, Maichel and Hetlage, St. Louis, for Monsanto Co.

Brad B. Baker, Asst. Public Counsel, Jefferson City, for plaintiff.

Richard W. French, Deputy Gen. Counsel, Douglas C. Walther Asst. Gen. Counsel, Jefferson City, for respondent-appellant.

Before TURNAGE, P.J., and CLARK and FENNER, JJ.

TURNAGE, Presiding Judge.

The Public Service Commission issued a report and order finding that it had authority to regulate interstate pipe lines providing direct retail sales to local customers and finding that it did not have jurisdiction over interstate transportation of natural gas by pipe lines to local users. The circuit court affirmed the order in part and reversed in part. That court found the Commission did not have authority to regulate the direct sale by...

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