KANSAS CITY POWER & LIGHT CO. v. KANSAS CORP. COMM'N

No. 58,293

238 Kan. 842 (1986)

715 P.2d 19

KANSAS CITY POWER & LIGHT COMPANY, Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Michael Lennen, Chairman, Margalee Wright and Keith R. Henley, Commissioners, and their respective successors in office as the constituent members of the State Corporation Commission of the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed February 21, 1986.


Attorney(s) appearing for the Case

Lowell L. Smithson, of Spencer, Fane, Britt & Browne, of Kansas City, Missouri, argued the cause and Charles S. Schnider, of the same firm, of Overland Park, John W. Simon, of the same firm, of Kansas City, Missouri, Warren B. Wood, of Kansas City Power & Light Company, of Overland Park, and Richard M. Smith, of Smith & Winter-Smith, of Mound City, were with him on the brief for appellant.

Brian J. Moline, general counsel, State Corporation Commission, argued the cause and Robert M. Fillmore, Eva Powers, and Mary Ann Neath, all of the State Corporation Commission, were with him on the brief for appellees.

Warren E. Baker, of Prairie Village, was on the brief for intervenor-appellee American Paper Institute, Inc.

Thomas W. Porter, of Erickson & Hall, of Topeka, was on the brief for amicus curiae Martin Tractor Company.


The opinion of the court was delivered by

LOCKETT, J.:

Kansas City Power & Light Company (KCP&L) appeals from a decision of the District Court of Linn County, Kansas, upholding an order of the State Corporation Commission (KCC) which requires an electric utility to enter into a contract to purchase electricity from a cogenerator or small power producer. The KCC order was in implementation of § 202 and § 210 of the

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