CENTRAL KANSAS POWER CO v. STATE CORPORATION COMMISSION

No. 45,897

206 Kan. 670 (1971)

482 P.2d 1

CENTRAL KANSAS POWER COMPANY, THE KANSAS POWER AND LIGHT COMPANY, CENTRAL TELEPHONE AND UTILITIES CORPORATION, EMPIRE DISTRICT ELECTRIC COMPANY and KANSAS GAS AND ELECTRIC COMPANY, Appellants, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS (DALE E. SAFFELS, Chairman, JULES V. DOTY and JAMES O. GREENLEAF, as members of said commission and their respective successors in office) and SUNFLOWER ELECTRIC COOPERATIVE, INC., Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1971.


Attorney(s) appearing for the Case

James C. Mordy, of the firm of Morrison, Hecker, Cozad, Morrison and Curtis, of Kansas City, Missouri, argued the cause, and Thomas E. Gleason, of the firm of Gleason, Pinet and Jordon, of Ottawa, was with him on the brief for the appellant Central Kansas Power Company.

Richard C. Byrd, of the firm of Anderson, Byrd, Richeson and Jones, of Ottawa, was on the brief for appellants Central Telephone and Utilities Corporation, The Kansas Power and Light Company, and Empire District Electric Company.

Ralph Foster, of Wichita, was on the brief for appellant Kansas Gas and Electric Company.

Jack Glaves, General Counsel, argued the cause, and David Berkowitz, Assistant General Counsel, was with him on the brief for appellee State Corporation Commission.

Boyce P. Hardman, of the firm of Diets and Hardman, of Great Bend, argued the cause and was on the brief for appellee Sunflower Electric Cooperative, Inc.


The opinion of the court was delivered by

FROMME, J.:

This is an appeal by five electric public utilities seeking to overturn a judgment of the district court sustaining an order of the State Corporation Commission (the commission) granting an enlargement of the certificate of authority held by Sunflower Electric Cooperative, Inc. (Sunflower).

In 1958 Sunflower was granted a limited certificate of convenience...

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