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GRAYSON RURAL ELEC. v. CITY OF VANCEBURG

No. 98-SC-000202-DG.

4 S.W.3d 526 (1999)

GRAYSON RURAL ELECTRIC CORPORATION; and East Kentucky Power Cooperative, Inc., Appellants, v. CITY OF VANCEBURG; Electric Plant Board of the City of Vanceburg; Kentucky Power Company, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing November 18, 1999.

Attorney(s) appearing for the Case

Foster J. Collis, Dale W. Henley, Winchester, KY, W. Jeffrey Scott, Grayson, KY, for appellant.

E.V. Holder, Jr., Clayton G. Lykins, Jr., Vanceburg, for appellees City of Vanceburg and Electric Plant Board of the City of Vanceburg.

Bruce F. Clark, Elizabeth K. Broyles, Jason Patrick Thomas, Stites & Harbison, Frankfort, KY, for appellee Kentucky Power Company.

GRAVES, Justice.

This case involves the determination of the superior right between competing utilities to furnish retail electric service to new customers in an area now served by the Vanceburg Electric Plant Board (hereinafter "EPB"), but being in the territory assigned to Grayson Rural Electric Cooperative Corporation (hereinafter "Grayson") by the Kentucky Public Service Commission (hereinafter "KPSC"). Because the contested area once produced insufficient revenue...

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