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KENTUCKY AMERICAN WATER CO. v. COM. EX REL. COWAN

Nos. 91-SC-1022-DG, 91-SC-1023-DG.

847 S.W.2d 737 (1993)

KENTUCKY AMERICAN WATER COMPANY, Appellant, v. COMMONWEALTH of Kentucky, ex rel. Frederic J. COWAN, Attorney General, et al., Appellees. and KENTUCKY PUBLIC SERVICE COMMISSION, Appellant, v. COMMONWEALTH of Kentucky, ex rel. Frederic J. COWAN, Attorney General, et al., Appellees.

Supreme Court of Kentucky.

February 18, 1993.

Attorney(s) appearing for the Case

Lindsey W. Ingram, Jr., Lizbeth Ann Tully, Stoll, Keenon & Park, Lexington, for appellant/Kentucky-American Water Co.

Chris Gorman, Atty. Gen., William E. Doyle, Paul E. Reilender, Jr., Asst. Attys. Gen., Frankfort, for appellee/Commonwealth of Kentucky, ex rel. Frederic J. Cowan, Attorney General, et al.

Edward W. Gardner, Director of Litigation, Dept. of Law, Lexington, for appellee/Lexington-Fayette Urban County Government.

Susan Mastin Scott, Rebecca Woodside Goodman, Lori H. Flanery, Frankfort, for appellee/Kentucky Public Service Commission.

OPINION OF THE COURT

The issue we decide on this appeal is whether a "contested settlement" negotiated by a rate-setting agency's staff, with less than all of the parties, should afford an evidentiary basis for, or be entitled to consideration by, the commission in its final decision.

Kentucky-American Water Company sought approval from the Kentucky Public Service Commission to increase Kentucky-American Water Company's annual revenues. The Commonwealth...

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