SOUTHWEST KAN. ROYALTY OWNERS ASS'N v. KAN. CORP COMM'N

Nos. 60,808 and 61,249

244 Kan. 157 (1989)

769 P.2d 1

SOUTHWEST KANSAS ROYALTY OWNERS ASSOCIATION, Appellees, and KANSAS POWER & LIGHT, CO., et al., Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 20, 1989.


Attorney(s) appearing for the Case

Martin J. Bregman, general counsel, of Topeka, argued the cause and John K. Rosenberg, assistant general counsel, of Topeka, was with him on the brief for appellant Kansas Power & Light Co.

Mark H. Adams, II, of Adams and McCarthy, of Wichita, argued the cause and Jane G. Alseth, of Omaha, Nebraska, was with him on the briefs for appellant Northern Natural Gas Company, and J. D. Steelman, of Tulsa, Oklahoma, was with him on the briefs for appellant Williams Natural Gas Company.

Jack Glaves, of Law Offices of Jack Glaves, of Wichita, argued the cause and D.J. McCarthy, of the same firm and Clarence A. Conoley, assistant general counsel, of Kansas City, Missouri, were with him on the briefs for appellant Panhandle Eastern Pipe Line Company.

Shari M. Feist, assistant general counsel, argued the cause and Frank A. Caro, Jr., general counsel, was with her on the brief for appellee Kansas Corporation Commission.

Gregory J. Stucky and Dale M. Stucky, of Fleeson, Gooing, Coulson & Kitch, of Wichita, and B.E. Nordling, of Kramer, Nordling, Nordling & Tate, of Hugoton, were on the brief for appellee Southwest Kansas Royalty Owners Association.

Charles H. DuBois, of Mobil Oil Corporation, of Denver, Colorado, Buck Sanders, of Anadarko Petroleum Corporation, of Houston, Texas, and Jerome E. Jones, and Patricia A. Gorham, of Hershberger, Patterson, Jones & Roth, of Wichita, were on the brief for appellees Mobil Oil Corporation and Anadarko Petroleum Corporation.

Spencer L. Depew and David W. Nickel, of Depew Gillen & Rathbun, of Wichita, were on the brief for intervenor/appellee Santa Fe Minerals.

Richard C. Byrd, of Anderson, Byrd & Richeson, of Ottawa, argued the cause and James G. Flaherty, of the same firm, and Lin Patterson, of Houston, Texas, were with him on the brief for intervenor/appellee Mesa Limited Partnership, and James G. Flaherty, of the same firm, and J.A. Hannah, of Oklahoma City, Oklahoma, were with him on the brief for intervenor/appellee Tenneco Oil Company.

Steven D. Gough, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause, and Stephen F. Gates and David E. Brody, of Denver, Colorado, were with him on the brief for intervenor/appellee Amoco Production Company.

Stanford J. Smith, of Robbins, Tinker, Smith & Metzger, of Wichita, argued the cause and Stanford J. Smith, Jr., of the same firm, and John C. Lovett, of Tulsa, Oklahoma, were with him on the brief for intervenor/appellee Cities Service Oil and Gas Corporation.


The opinion of the court was delivered by

HERD, J.:

This is an appeal from the district court's order affirming the order of the Kansas Corporation Commission (Commission) amending the Basic Proration Order (B.P.O.) for the Kansas Hugoton Gas Field to allow infill drilling. The appeal of Williams Natural Gas Company (Williams) and Northern Natural Gas Company (Northern) has been consolidated with that of Panhandle...

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