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

Nos. 87,485, 87,500.

29 Kan. App.2d 1031 (2001)

37 P.3d 640

FARMLAND INDUSTRIES, INC., and VULCAN MATERIALS COMPANY, Appellants, v. KANSAS CORPORATION COMMISSION, Appellee. UNIVERSITY OF KANSAS MEDICAL CENTER, CARGILL, INC., GENERAL MOTORS CORPORATION, OWENS-CORNING FIBERGLAS, and PROCTER & GAMBLE MANFACTURING, INC., (The Kansas Industrial Consumers), Appellants, v. KANSAS CORPORATION COMMISSION, Appellee.

Court of Appeals of Kansas.

Opinion filed November 21, 2001.


Attorney(s) appearing for the Case

James P. Zakoura and David J. Roberts, of Smithyman & Zakoura, Chartered, of Overland Park, for appellants Farmland and Vulcan Materials Company.

John McNish, advisory counsel, Paula Lentz, assistant general counsel, and Susan B. Cunningham, general counsel, of the Kansas Corporation Commission, for appellee.

C. Edward Peterson and Stuart W. Conrad, of Finnegan, Conrad & Peterson, L.C., of Kansas City, Missouri, for intervenor Midwest Gas Users' Association.

Niki Christopher and Walker A. Hendrix, of Topeka, for intervenor Citizens' Utility Ratepayer Board.

James G. Flaherty and Daniel D. Covington, of Anderson, Byrd, Richeson, Flaherty & Henrichs, L.L.P., of Ottawa, for intervenors UtiliCorp United, Inc., d/b/a Peoples Natural Gas Company and Kansas Public Service Company, and Greeley Gas Company, a division of Atmos Energy Corporation.

John P. DeCoursey and Larry M. Cowger, of Overland Park, for intervenor Kansas Gas Service Company, a division of ONEOK, Inc.

Robert B. Van Cleave, of Gates & Clyde, Chartered, of Overland Park, and Robert C. Johnson and Lisa C. Langeneckert, of St. Louis, Missouri, for intervenor Kansas Energy Group.

No. 87,500

Frank W. Lipsman, of Bryan Cave, LLP, of Overland Park, and Diana M. Vuylsteke, of Bryan Cave, LLP, of St. Louis, Missouri, for appellants.

John McNish, advisory counsel, Paula Lentz, assistant general counsel, and Susan B. Cunningham, general counsel, of the Kansas Corporation Commission, for appellee.

Robert B. Van Cleave, of Gates & Clyde, Chartered, of Overland Park, and Robert C. Johnson and Lisa C. Langeneckert, of St. Louis, Missouri, for intervenor Kansas Energy Group.

C. Edward Peterson and Stuart W. Conrad, of Finnegan, Conrad & Peterson, L.C., of Kansas City, Missouri, for intervenor Midwest Gas Users' Association.

James G. Flaherty and Daniel D. Covington, of Anderson, Byrd, Richeson, Flaherty & Henrichs, L.L.P., of Ottawa, for intervenors UtiliCorp United Inc., d/ b/a Peoples Natural Gas Company and Kansas Public Service Company, and Greeley Gas Company, a division of Atmos Energy Corporation.

Niki Christopher and Walker A. Hendrix, of Topeka, for intervenor Citizens' Utility Ratepayer Board.

Larry M. Cowger and John P. DeCoursey, of Overland Park, for intervenor Kansas Gas Service Company, a Division of ONEOK, Inc.

Before ELLIOTT, P.J., MARQUARDT and BEIER, JJ.


ELLIOTT, J.:

Farmland Industries, Inc. (Farmland), Vulcan Materials Company (Vulcan), and Kansas Industrial Consumers (KIC) (collectively petitioners) filed separate appeals challenging several orders issued by the Kansas Corporation Commission (KCC) allocating refunds that local distribution companies (LDCs) received from upstream participants in the natural gas industry to qualified low-income residential consumers.

We heard arguments on the two cases on...

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