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INDUS. UTILITY CUSTOMERS v. KY. UTILITIES

Nos. 97-SC-1091-DG, 97-SC-1095-DG.

983 S.W.2d 493 (1998)

KENTUCKY INDUSTRIAL UTILITY CUSTOMERS, INC. and Lexington-Fayette Urban-County Government, Appellants, v. KENTUCKY UTILITIES COMPANY; Commonwealth of Kentucky, ex rel. A.B. Chandler, III; Attorney General; Jefferson County, Kentucky, ex rel. Michael E. Conliffe, Jefferson County Attorney; Metro Human Needs Alliance; People Organized and Working for Energy Reform and Kentucky Public Service Commission, Appellees. Commonwealth of Kentucky, ex rel. A.B. Chandler, III, Attorney General, Appellant, v. Kentucky Public Service Commission; Kentucky Utilities Company; Kentucky Industrial Utility Customers, Inc.; Jefferson County, Kentucky ex rel. Michael E. Conliffe, County Attorney; Lexington-Fayette Urban County Government; Metro Human Needs Alliance Association; and People Organized and Working for Energy Resources, Appellees.

Supreme Court of Kentucky.

December 17, 1998.

Attorney(s) appearing for the Case

Michael L. Kurtz, Boehm, Kurtz & Lowry, Cincinnati, OH, for KUIC, Appellant.

Edward W. Gardner, Lexington-Fayette Urban County Government, Lexington, Elizabeth E. Blackford, Assistant Attorney General, Frankfort, for Appellants.

Richard F. Newell, Kendrick R. Riggs, Ogden, Newell & Welch, Louisville, for KUC, Appellee.

John R. McCall, Douglas M. Brooks, Louisville Gas & Electric Co., Louisville, for KUC, Appellee.

Elizabeth E. Blackford, Assistant Attorney General, Frankfort, J. Bruce Miller, Louisville, for Jefferson County, Appellee.

Carol M. Raskin, Legal Aid Society, Inc., Louisville, and, Anthony G. Martin, Lexington, for People Organized and Metro Human Needs, Appellee.

Richard G. Raff, Deborah T. Eversole, Kentucky Public Service Commission, Frankfort, for Appellee.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed in part and reversed in part a judgment of the Franklin Circuit Court which had found that KRS 278.183 is constitutional, but that it had been applied retroactively in violation of KRS 446.080(3) by the Public Service Commission. That part of the PSC order which allowed Kentucky Utilities...

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