KANSAS-NEBRASKA NATURAL GAS CO. v. STATE CORP. COMM.

No. 47,642

217 Kan. 604 (1975)

538 P.2d 702

KANSAS-NEBRASKA NATURAL GAS COMPANY, INC., Appellee and Cross-Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, DALE E. SAFFELS, Chairman; JULES V. DOTY and VERNON A. STROBERG, Commissioners; and Their Respective Successors in Office as Members of the State Corporation Commission of the State of Kansas, Appellant and Cross-Appellee, and CENTRAL KANSAS POWER COMPANY, INC., Intervenor.

Supreme Court of Kansas.

Opinion filed July 17, 1975.


Attorney(s) appearing for the Case

Sard Fleeker, acting general counsel, argued the cause, and Warren C. Hummer, assistant general counsel, was with him on the briefs for appellant and cross-appellee.

Richard C. Byrd, of Anderson, Byrd and Richeson, of Ottawa, argued the cause, and Larry D. Hall, of Hastings, Nebraska, Sam W.G. Lowe, of Lowe and Willoughby, of Colby, and Richard Jones, of Hershberger, Patterson and Jones, of Wichita, were with him on the brief for the appellee and cross-appellant.

Clifford R. Hope, Jr., of Fleming, Haag, Hope, Osborn and Mills, of Garden City, and James C. Mordy, of Morrison, Hecker, Curtis, Kuder and Parrish, of Kansas City, Mo., were on the brief for the intervenor.

Arthur J. Doyle, of Kansas City, Mo., and Thomas E. Gleason and Thomas E. Gleason, Jr., both of Ottawa, were on the brief amicus curiae for Kansas City Power and Light Company.


The opinion of the court was delivered by

HARMAN, C.:

This is an appeal by the state corporation commission from a district court order vacating a commission order denying interim rate relief to Kansas-Nebraska Natural Gas Company, Incorporated, pending final decision by the commission on Kansas-Nebraska's application to make certain changes in its charges for natural gas service. Meanwhile the corporation commission complied with the district court's order...

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