KANSAS GAS & ELECTRIC CO. v. STATE CORPORATION COMM.

No. 47,832

218 Kan. 670 (1976)

544 P.2d 1396

KANSAS GAS AND ELECTRIC COMPANY, Appellee, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1976.


Attorney(s) appearing for the Case

Sard Fleeker, of Topeka, argued the cause and was on the brief for the appellant State Corporation Commission.

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


The opinion of the court was delivered by

KAUL, J.:

This appeal stems from an application filed by appellee, Kansas Gas and Electric Company (hereafter referred to as KG&E) with the State Corporation Commission (hereafter referred to as the commission) seeking an increase in electricity service rates. The crux of the controversy centers around the commission's exclusion from KG&E's rate base one-third of its...

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