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CITY OF NEW STRAWN v. KANSAS CORPORATION COMM.

No. 51,450

5 Kan. App. 2d 630 (1981)

622 P.2d 149

CITY OF NEW STRAWN, KANSAS, A Municipal Corporation, Appellant, and KANSAS GAS AND ELECTRIC COMPANY, A Corporation, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS: G.T. VAN BEBBER, WILLIAM G. GRAY and R.C. LOUX, as the constituent members of the State Corporation Commission; COFFEY COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION, INC., A Corporation, Appellees; and KANSAS ELECTRIC COOPERATIVES, INC., A Corporation, Intervenor-Appellee.

Court of Appeals of Kansas.

Opinion filed January 16, 1981.

Attorney(s) appearing for the Case

William A. Buckles, Dennis D. Roth, and Steven L. Boyce, of Buckles, Roth & Boyce, of Burlington, for appellant.

A. Rodman Johnson, assistant general counsel, and Brian J. Moline, general counsel, for appellee Kansas Corporation Commission.

James M. Caplinger, of James M. Caplinger, Chartered, of Topeka, for appellee Coffey County Rural Electric Cooperative Association, Inc.

Bemard R. Phillips III, of Topeka, for appellee Kansas Electric Cooperatives, Inc. (Intervenor).

Before FOTH, C.J., REES and MEYER, JJ.

MEYER, J.:

The appellant City of New Strawn, Kansas (City), appeals from the State Corporation Commission's (KCC's) denial of Kansas Gas and Electric Company's (KG&E's) application for a certificate of convenience and necessity wherein KG&E sought to provide its service to City.

Appellee Coffey County Rural Electric Cooperative Association, Inc. (Coffey), was certificated by the KCC in 1938 and was the first and only electric supplier to serve the...

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