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CITY OF GREENUP v. PUBLIC SERVICE COM'N

No. 2004-CA-001325-MR.

182 S.W.3d 535 (2005)

CITY OF GREENUP, Appellant, v. PUBLIC SERVICE COMMISSION; South Shore Water Works Co., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court February 15, 2006.

Attorney(s) appearing for the Case

John N. Hughes, Frankfort, KY, William D. Kirkland, R. Stephen McGinnis, Greenup, KY, for appellant.

Bruce F. Clark, Margaret R. Grant, R. Benjamin Crittenden, Frankfort, KY, for appellee South Shore Water Works Co.

Gerald E. Wuetcher, John E.B. Pinney, Frankfort, KY, for appellee Public Service Commission.

Before COMBS, Chief Judge; GUIDUGLI, Judge; MILLER, Senior Judge.

OPINION

MILLER, Senior Judge.

The City of Greenup (Greenup) appeals from an order of the Franklin Circuit Court which affirmed an order of the Public Service Commission (PSC) determining (1) that the agency had authority to determine its own jurisdiction, and (2) that a valid contract had been formed between Greenup and South Shore under which Greenup was to provide wholesale water to South Shore. We agree that the PSC may determine its own jurisdiction...

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