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PSC v. JACKSON COUNTY RURAL ELEC. CO-OP.

No. 1998-CA-002609-MR.

50 S.W.3d 764 (2000)

PUBLIC SERVICE COMMISSION, Appellant, v. JACKSON COUNTY RURAL ELECTRIC COOPERATIVE, INC.; Jackson Purchase Electric Cooperative Corporation, Inc.; Owen Electric Cooperative, Inc.; and Kentucky Utilities Company, Appellees.

Court of Appeals of Kentucky.

As Modified July 21, 2000.

Rehearing Denied September 8, 2000.

Discretionary Review Denied by Supreme Court August 15, 2001.

Attorney(s) appearing for the Case

Gerald E. Wuetcher, Frankfort, William L. Willis, Deborah T. Eversole, Frankfort, for Appellant.

David L. Kelly, Paducah, for Appellee, Jackson Purchase RECC.

James M. Crawford, Carrollton, Robert M. Watt, III, Patricia Kirkwood Burgess, Lexington, for Appellee, Owen Electric Cooperative, Inc.

Mary-Ann Smyth Rush, J. Warren Keller, London, for Appellee, Jackson County Rural Electric Cooperative, Inc.

Roger R. Cowden, Lexington, Amicus Curiae for Appellee, Kentucky Utilities Company.

Before: BARBER, HUDDLESTON and MILLER, Judges.

OPINION

BARBER, Judge:

The Public Service Commission appeals from a judgment of Franklin Circuit Court which reversed and set aside PSC orders assessing penalties against three utilities for safety violations by their independent contractors. The circuit court determined that the PSC's orders were based upon an improper application of the law. We disagree, hence we reverse.

The Judgment below provides a concise summary of the essential facts...

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