ENERGY REGULATORY COMMISSION v. KENTUCKY POWER


605 S.W.2d 46 (1980)

ENERGY REGULATORY COMMISSION of Kentucky and Commonwealth of Kentucky ex rel. Robert F. Stephens, Attorney General, Appellants, v. KENTUCKY POWER COMPANY, Appellee.

Court of Appeals of Kentucky.

August 29, 1980.


Attorney(s) appearing for the Case

William M. Sawyer, Frankfort, for appellant, Energy Regulatory Commission of Kentucky.

Steven L. Beshear, Atty. Gen., Hanson Williams, Asst. Atty. Gen., Frankfort, for Commonwealth.

E. Gaines Davis, Frankfort, Edward J. Brady, Bruce V. Miller, New York City, for appellee.

Before HAYES, C. J., and WHITE and WINTERSHEIMER, JJ.


WINTERSHEIMER, Judge.

This appeal is from a judgment entered August 7, 1979, reversing an order of the Energy Regulatory Commission which had denied to the Kentucky Power Company a certificate of public convenience and necessity and authority to borrow funds to purchase an interest in an Indiana electric steam generating plant.

The Kentucky Power Company, a member of the AEP system, owns a generating plant at Louisa, Kentucky, consisting of two units serving...

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