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

No. 82,055.

25 Kan. App.2d 849 (1999)

971 P.2d 1213

FARMLAND INDUSTRIES, INC., Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE 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 January 28, 1999.

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.

John J. McNish, advisory counsel, Glenda Cafer, general counsel, and Paula Lentz, assistant general counsel, of the Kansas Corporation Commission, for appellee.

Martin J. Bregman, of Western Resources, Inc., of Topeka, for intervenors Western Resources, Inc., and Kansas Gas and Electric Company.

Walker Hendrix and A. Brady Cantrell, of Citizens' Utility Ratepayer Board, of Topeka, for intervenor Citizens' Utility Ratepayer Board.

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

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

GREEN, J.:

This case involves a petition for judicial review by Farmland Industries, Inc. (Farmland). Farmland challenges the Kansas Corporation Commission's (KCC) approval of a rate design settlement. We affirm.

The public utilities Kansas Gas and Electric Company (KGE) and Kansas Power and Light Company (KPL) are owned by Western Resources, Inc. (WRI). In January 1997, the KCC approved a nonunanimous settlement which reduced KGE's rates by $65 million and...

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