KANSAS GAS & ELECTRIC CO. v. KANSAS CORPORATION COMM'N

Nos. 58,914, 58,917, 58,918

239 Kan. 483 (1986)

720 P.2d 1063

KANSAS GAS AND ELECTRIC COMPANY, Applicant/Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee. KANSAS CITY POWER & LIGHT COMPANY, Applicant/Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee. KANSAS ELECTRIC POWER COOPERATIVE, INC., Applicant/Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee.

Supreme Court of Kansas.

Opinion filed June 13, 1986.


Attorney(s) appearing for the Case

James Haines and Jonathan L. Heller, of Wichita, and Edgar M. Roach, Jr., of Hunton & Williams, of Raleigh, North Carolina, argued the cause, and Ralph Foster, of Wichita, Richard D. Gary and Laurence E. Skinner, of Hunton & Williams, of Richmond, Virginia, and Thomas E. Graham, of the same firm, of Raleigh, North Carolina, were with them on the briefs for appellant Kansas Gas and Electric Company.

Lowell L. Smithson, of Spencer, Fane, Britt & Browne, of Kansas City, Missouri, argued the cause, and Russell W. Baker, Jr. and Curtis E. Woods, of the same firm, Charles S. Schnider, of the same firm, of Overland Park, and Warren B. Wood, of Overland Park, were with him on the briefs for appellant Kansas City Power and Light Company.

Clifford L. Bertholf and John Philip Kassebaum, of Kassebaum & Johnson, of Wichita, argued the cause and were on the briefs for appellant Kansas Electric Power Cooperative, Inc.

Brian J. Moline, general counsel, and Donald A. Low, director of utilities, argued the cause, and LuAnn C. Dixon, John Jay Rosacker, Robert L. Bezek, Jr., and Richard Hird, assistants general counsel, were with them on the brief for appellee Kansas Corporation Commission.

Patrick H. Donahue, of Kansas Legal Services, Inc., of Topeka, argued the cause, and William G. Riggins, of the same organization, was with him on the brief for intervenor Mary Margaret Rogers.

Robert T. Stephan, attorney general, and Carl M. Anderson, assistant attorney general, were on the brief for intervenor Office of the Attorney General.

Robert Vinson Eye, of Irigonegaray, Eye & Florez, of Topeka, was on the brief for intervenor Alliance for Liveable Electric Rates (ALERT).

Dwight A. Corrin, of Corrin & Krysl, Chartered, of Wichita, was on the brief for intervenor Electric Shock Coalition.

John Dekker, city attorney, and Joe Allen Lang, assistant city attorney, were on the brief for intervenor City of Wichita and Cities of Cheney, Clearwater, Derby, Garden Plain, Goddard, Kechi, Potwin and Whitewater.

C. Edward Peterson, of Perry & Hamill, of Overland Park, was on the brief for intervenor Johnson County Joint Intervenor Group.


The opinion of the court was delivered by

PRAGER, J.:

This is a consolidation of three appeals by three electrical utilities from orders of the State Corporation Commission (KCC) granting in part and denying in part the requests of the utilities for rate increases due to the commercial operations of the Wolf Creek Generating Station (Wolf Creek) near Burlington, Kansas. The three utilities are Kansas Gas and Electric Company (KGE), Kansas City Power and Light...

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