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STATE EX REL. UNION ELEC. CO. v. PUBLIC SERVICE COM'N

No. WD 40289.

765 S.W.2d 618 (1988)

STATE of Missouri ex rel. UNION ELECTRIC COMPANY, Relator-Appellant, v. PUBLIC SERVICE COMMISSION OF the STATE OF MISSOURI, Public Counsel for the State of Missouri, and Missouri Public Interest Research Group, Respondents.

Missouri Court of Appeals, Western District.

As Modified January 26, 1989.

Motion for Rehearing and/or Transfer Denied January 31, 1989.

Application to Transfer Denied March 14, 1989.

Attorney(s) appearing for the Case

Debra H. Janoski, Paul A. Agathan, St. Louis, for relator-appellant.

Steven M. Davis, Arnold, Douglas C. Walther, Douglas M. Brooks, Jefferson City, for respondents.

Before COVINGTON, P.J., and NUGENT and GAITAN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 31, 1989.

GAITAN, Judge.

This appeal is to determine the lawfulness and reasonableness of an order by the Missouri Public Service Commission (Commission) prohibiting recovery of approximately $106 million of Union Electric's investment in a cancelled nuclear power plant, Callaway II. The Commission concluded that Union Electric must bear the risk of loss to its shareholders for forfeiture...

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