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BOONE COUNTY WATER v. PUBLIC SERVICE COM'N

Nos. 95-SC-733-DG, 95-SC-734-DG.

949 S.W.2d 588 (1997)

BOONE COUNTY WATER AND SEWER DISTRICT, Appellant, v. PUBLIC SERVICE COMMISSION, et al., Appellees. PUBLIC SERVICE COMMISSION, Appellant, v. BOONE COUNTY WATER AND SEWER DISTRICT, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 4, 1997.

Attorney(s) appearing for the Case

John N. Hughes, Frankfort, David A. Koenig, Rouse, Benson & Koenig, Florence, for Boone County Water and Sewer District.

John David Myles, Public Service Commission, Gerald E. Wuetcher, Kentucky Public Service Commission, Frankfort, for Public Service Commission.

Mark G. Arnzen, Arnzen, Parry & Wentz, PSC, Jacqueline S. Sawyers, Covington, for Americoal Corporation.

Roger R. Cowden, Kentucky Utilities Company, Lexington, Kendrick Riggs, John Wade Hendricks, James G. Campbell, Louisville, for Kentucky Utilities Company.

GRAVES, Justice.

This is a review of a Court of Appeals opinion affirming a circuit court judgment which upheld the Public Service Commission's ("PSC") decision requiring Boone County Water and Sewer District ("Boone") to refund unpublished fees. Also, Americoal Corporation ("Americoal") has appealed an order which denied its motion for attorney fees to recover expenses incurred in seeking the refund. Because we find the PSC lacked jurisdiction in Case No. 95-SC-733...

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