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UNION ELEC. v. PUBLIC SERVICE COM'N

No. WD 61610.

136 S.W.3d 146 (2004)

UNION ELECTRIC COMPANY d/b/a Ameren UE, Appellant, v. PUBLIC SERVICE COMMISSION OF The STATE of Missouri, Office of the Public Counsel and State of Missouri by the Office of the Attorney General, Respondents.

Missouri Court of Appeals, Western District.

June 8, 2004.

Attorney(s) appearing for the Case

James B. Lowery, Columbia, MO, James J. Cook, Steven R. Sullivan and Thomas M. Byrne, St. Louis, MO, Robert J. Cynkar and Victor J. Wolski, Washington, DC, for Appellant.

Dana K. Joyce, General Counsel, and Steven Dottheim, Chief Deputy General Counsel Jefferson City, MO, for Respondent Ameren UE.

John B. Coffman, Acting Public Counsel, Jefferson City, MO, for Intervenor-Respondent Office of the Public Counsel.

Jeremiah W. (Jay) Nixon, Atty. Gen., and Ronald Molteni, Assistant Attorney General, Jefferson City, MO, for Intervenor-Respondent State of Missouri.

Before HOWARD, P.J., and LOWENSTEIN and HARDWICK, JJ.

VICTOR C. HOWARD, Presiding Judge.

Union Electric Company ("UE") appeals from Reports and Orders of the Public Service Commission (the "Commission") interpreting and adjudicating the terms of an experimental alternative regulation plan ("EARP") used to calculate credits by which UE's customers shared in UE's earnings. For the reasons set forth below, we affirm the Reports and Orders of the Commission.

Background

Two EARPs were created by Stipulations...

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