FARMLAND INDUSTRIES, INC. v. KANSAS CORPORATION COMM'N

No. 78,637.

24 Kan. App.2d 172 (1997)

943 P.2d 470

FARMLAND INDUSTRIES, INC., BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, KANSAS, KANSAS PIPELINE PARTNERSHIP, BOEING COMPANY, GENERAL MOTORS CORPORATION, VULCAN MATERIAL, INC., CEREAL FOOD PROCESSORS, INC., and HEARTLAND CEMENT COMPANY,Appellants, v. THE STATE CORPORATION COMMISSION OF KANSAS, Appellee. WESTERN RESOURCES, INC., KANSAS GAS AND ELECTRIC COMPANY, CITIZENS' UTILITY RATEPAYER BOARD, and CITY OF WICHITA, Intervenors.

Court of Appeals of Kansas.

Opinion filed August 1, 1997.


Attorney(s) appearing for the Case

James P. Zakoura and David J. Roberts, of Smithyman & Zakoura, Chartered, of Overland Park, and Edmund S. Gross, of Farmland Industries, Inc., of Kansas City, Missouri, for appellant Farmland Industries, Inc.

Daniel D. Owen, of Shughart Thomson & Kilroy, P.C., of Overland Park, for appellant Board of Commissioners of Jefferson County.

Fred J. Logan, Jr., of Logan & Logan, of Prairie Village, for appellant Kansas Pipeline Partnership.

Robert C. Johnson and Diana M. Schmidt, of Peper, Martin, Jensen, Maichel and Hetlage, of St. Louis, Missouri, and Robert Van Cleave, of Gates & Clyde, Chartered, of Overland Park, for appellants Boeing Company, General Motors Corporation, Vulcan Material, Inc., Cereal Food Processors, Inc., and Heartland Cement Company.

Larry M. Cowger, John J. McNish, and Janette W. Corazzin, of the Kansas Corporation Commission, for appellee.

J. Michael Peters and Martin J. Bregman, of Western Resources, Inc., and Kansas Gas and Electric Company, of Topeka, John D. Petersen and Frank A. Caro, Jr., of Polsinelli, White, Vardeman & Shalton, a Professional Corporation, of Overland Park, and Mike Lennen, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, for intervenors Western Resources, Inc., and Kansas Gas and Electric Company.

Walker Hendrix, of Citizens' Utility Ratepayer Board, of Topeka, for intervenor Citizens' Utility Ratepayer Board.

Gregg D. Ottinger, of Duncan & Allen, of Washington, D.C., Gary E. Rebenstorf, city attorney, and Joe Allen Lang, first assistant city attorney, for intervenor City of Wichita.

Before GREEN, P.J., ELLIOTT, J., and WAHL, S.J.


GREEN, J.:

This case involves a number of challenges to the Kansas Corporation Commission's (KCC) approval of two nonunanimous settlement agreements setting revenue requirements and rate design charges for electricity of two public utilities. The two utilities, Kansas Gas and Electric Company (KGE) and Kansas Power and Light Company (KPL), are owned by Western Resources, Inc. (WRI). Nevertheless, the utilities exist as separate entities for tax and rate-making purposes...

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