NATIONAL-SOUTHWIRE ALUMINUM COMPANY, Appellant,
v.
BIG RIVERS ELECTRIC CORPORATION; Public Service Commission of Kentucky; Alcan Aluminum Corporation; Green River Electric Corporation; Meade County Rural Electric Cooperative Corporation; Henderson-Union Rural Electric Cooperative Corporation; Jackson Purchase Electric Cooperative Corporation; Commonwealth Aluminum Corporation; Willamette Industries, Inc.; Utility Ratecutters of Kentucky, Inc.; Alumax Aluminum Corporation; Firestone Steel Products Company, a division of the Firestone Tire and Rubber Company; Attorney General of the Commonwealth of Kentucky, By and Through his Utility and Rate Intervention Division; City of Hawesville, Kentucky; Hancock County, Kentucky; and Southwire Company, Appellees.
ALCAN ALUMINUM CORPORATION, Appellant,
v.
BIG RIVERS ELECTRIC CORPORATION; national-Southwire Aluminum Company; Public Service Commission of Kentucky; Green River Electric Corporation; Meade County Rural Electric Cooperative Corporation; Henderson-Union Rural Electric Cooperative Corporation; Jackson Purchase Electric Cooperative Corporation; Commonwealth Aluminum Corporation; Willamette Industries, Inc.; Utility Ratecutters of Kentucky Incorporated; Alumax Aluminum Corporation; Firestone Steel Products Company, a division of The Firestone Tire and Rubber Company; Attorney General of the Commonwealth of Kentucky, By and Through his Utility and Rate Intervention Division; City of Hawesville, Kentucky; Hancock County, Kentucky; and Southwire Company, Appellees.
Court of Appeals of Kentucky.https://leagle.com/images/logo.png
January 26, 1990.
Rehearing Dismissed April 18, 1990.
Attorney(s) appearing for the Case
James Park, Jr., Katherine Randall, Brown, Todd & Heyburn, Lexington, Allison Wade, Booth, Wade & Campbell, and Caroline W. Spangenberg, Kilpatrick & Cody, Atlanta, Ga., for Nat.-Southwire Aluminum Co.
Lawrence E. Forgy, Jr., Stoll, Keenon & Park, Lexington and Richard G. Raff, Public Service Com'n of Kentucky, Frankfort, for Public Service Com'n of Kentucky.
Morton Holbrook, Ridley M. Sandidge, Jr., Lizbeth Ann Tully, Allen Holbrook, Holbrook, Wible, Sullivan & Helmers, P.S.C., Owensboro and Paul H. Keck, Michael F. Healy, and Douglas L. Beresford, Newman & Holtzinger, P.C., Washington, D.C., for Big Rivers Elec. Corp.
David C. Brown, Stites & Harbison, Louisville, and Mark R. Overstreet, Stites & Harbison, Frankfort, for Alcan Aluminum Corp.
James M. Miller, Holbrook, Wible, Sullivan & Helmers, P.S.C., Owensboro, for Green River Elec. Corp.
Frank N. King, Jr., Dorsey, Sullivan, King, Gray & Norment, Henderson, for Henderson-Union Rural Elec. Co-Op. Corp.
Paulette J. Taylor, San Mateo, Cal., William Vetter, Bethesda, Md., and Lindsey Ingram, Stoll, Keenon & Park, Lexington, for Alumax Aluminum Corp. and Commonwealth Aluminum Corp.
John S. Hoffman, Sheffer, Hoffman, Neel, Wilson & Thomason and A.M. Harvey, Henderson, for Firestone Steel Products Co.
John McCarty, Hawesville, for City of Hawesville, Ky.
Harold W. Newton, Hawesville, for Hancock County.
James R. Watts, Brandenburg, for Meade County Rural Elec. Co-Op. Corp.
W. David Denton, Denton & Keuler, Paducah, for Jackson Purchase Elec. Co-Op. Corp.
Wells T. Lovett, Lovett & Lamar, Owensboro, for Willamette Industries, Inc.
Don Meade, Miller and Meade, Louisville, for Utility Ratecutters of Ky., Inc.
Frederic J. Cowan, Atty. Gen., Pamela Johnson and Paul E. Reilender, Jr., Asst. Attys. Gen., Utility & Rate Intervention Div., Frankfort, for Com. of Ky. thru Utility and Rate Intervention Div.
Before HOWERTON, C.J., and WEST and WILHOIT, JJ.
Court of Appeals of Kentucky.
HOWERTON, Chief Judge.
National-Southwire Aluminum Company (NSA) and Alcan Aluminum Corporation (Alcan) appeal from a judgment of the Franklin Circuit Court affirming an order of the Public Service Commission (PSC) in Case No. 9885. The order established fixed rates for all electric power sold by Big Rivers Electric Corporation (Big Rivers), except for the electricity sold to the two aluminum smelters. For them, the PSC established a variable electric rate, based...
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