WESTERN RESOURCES, INC. v. KANSAS CORPORATION COMM'N

No. 88,013.

30 Kan. App.2d 348 (2002)

42 P.3d 162

WESTERN RESOURCES, INC., and KANSAS GAS AND ELECTRIC COMPANY, Petitioner/Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee.

Court of Appeals of Kansas.

Opinion filed March 8, 2002.


Attorney(s) appearing for the Case

Martin J. Bregman, Executive Director, Law, of Western Resources, Inc., of Topeka; Michael Lennen, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita; and James M. Fischer, of Fischer & Dority, P.C., of Jefferson City, Missouri, for appellants.

Caroline Ong, advisory counsel, and Susan B. Cunningham, general counsel, of the Kansas Corporation Commission, for appellee.

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

Kirk T. May and Matthew T. Geiger, of Rouse Hendricks German May PC, of Kansas City, Missouri, for intervenor The Goodyear Tire & Rubber Company.

Sarah J. Loquist and Thomas R. Powell, of Hinkle Elkouri Law Firm L.L.C., of Wichita, for intervenor Unified School District No. 259.

David J. Roberts and James P. Zakoura, of Smithyman & Zakoura, Chartered, of Overland Park, for intervenor Kansas Industrial Consumers.

Timothy E. McKee, of Triplett, Woolf & Garretson, LLC, of Wichita, Greg D. Ottinger, of Duncan & Allen, of Washington, D.C., Gary E. Rebenstorf, city attorney, and Joe Allen Lang, first assistant city attorney, for intervenor City of Wichita.

Kevin M. Fowler and John C. Frieden, of Frieden, Haynes & Forbes, of Topeka, for intervenor City of Topeka.

Before RULON, C.J., LEWIS and KNUDSON, JJ.


KNUDSON, J.:

Western Resources, Inc. (WRI) and Kansas Gas and Electric Company (KGE) filed this joint petition for judicial review from a final order of the Kansas Corporation Commission (KCC) in an electric rate proceeding instituted by the utilities.

Jurisdiction is conferred upon this court under K.S.A. 2001 Supp. 66-118a(b) and in accordance with the Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.S.A. 77-601 et seq. In...

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