PUBLIC SERVICE COM'N v. DEWITT WATER DIST.


720 S.W.2d 725 (1986)

PUBLIC SERVICE COMMISSION OF KENTUCKY, Appellant, v. DEWITT WATER DISTRICT, Appellee. EAST CLARK WATER DISTRICT and Warren County Water District, Appellant, v. PUBLIC SERVICE COMMISSION and David L. Armstrong, Attorney General, Division of Consumer Protection, Appellee.

Supreme Court of Kentucky.

November 26, 1986.


Attorney(s) appearing for the Case

John N. Hughes, Thomas A. Marshall, Frankfort, for Public Service Commission.

James M. Honaker, Frankfort, for Dewitt Water District.

Charles E. English, Murry A. Raines, English Lucas Priest & Owsley, Bowling Green, James W. Clay, Winchester, for East Clark Water District and Warren County Water District.

David L. Armstrong, Atty. Gen., Frankfort, Pamela Johnson, James D. Brannen, Paul E. Reilander Jr., Frankfort, for Attorney General, Division of Consumer Protection.


WINTERSHEIMER, Justice.

These two cases represent a conflict between panels of the Court of Appeals as well as a conflict in the same division of the Franklin Circuit Court. Both Court of Appeals opinions were rendered the same day and recognize that their conflict should be resolved by this Court.

The question is whether the Public Service Commission may disallow a depreciation expense on contributed property when determining the rates of publicly-owned water...

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