KANSAS ELECTRIC POWER COOP. v. KANSAS CORP. COMM'N

No. 55,938

235 Kan. 661 (1984)

683 P.2d 1235

KANSAS ELECTRIC POWER COOPERATIVE, INC., a Corporation, Plaintiff-Appellee, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS: R.C. "PETE" LOUX; JANE ROY; and PHILLIP R. DICK, COMMISSIONERS, and their respective successors in office as members of the State Corporation Commission of the State of Kansas, Defendants-Appellants.

Supreme Court of Kansas.

Opinion filed June 8, 1984.


Attorney(s) appearing for the Case

Terence L. Mundorf, of Williams, Novack & Hansen Law Firm, of Everett, Washington, argued the cause, and Brian J. Moline, general counsel, of State Corporation Commission, was with him on the briefs for the appellants-cross-appellees.

James M. Caplinger, of James M. Caplinger, Chartered, of Topeka, argued the cause and was on the brief for the cross-appellees, Kaw Valley Electric Cooperative Company, Inc., and Nemaha-Marshall Electric Cooperative Association, Inc.

John Philip Kassebaum, of Kassebaum & Johnson, of Wichita, argued the cause, and Clifford L. Bertholf, of the same firm, was with him on the briefs for the appellee-cross-appellant.


The opinion of the court was delivered by

PRAGER, J.:

This case involves a judicial review of orders of the state corporation commission (KCC) granting the Kansas Electric Power Cooperative, Inc. (KEPCo) a limited certificate of convenience and authority to transact business in this state as a public utility. In the same proceeding, KEPCo also requested authority to purchase an undivided 17% interest in the Wolf Creek Generating Station, a nuclear power plant...

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