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AUSTIN v. CENTERPOINT ENERGY ARKLA

No. 05-72.

226 S.W.3d 814 (2006)

Fern AUSTIN, Appellant, v. CENTERPOINT ENERGY ARKLA, Wayne D. Stinnett, President; Arkansas Oklahoma Gas Corporation, Michael C. Carter, President; Arkansas Western Gas Company, Charles V. Stevens, Vice-President; Arkansas Public Service Commission, Sandra Hochstetter, Chairman, Appellees.

Supreme Court of Arkansas.

February 2, 2006.

Attorney(s) appearing for the Case

Roberts Law Firm, P.A., by: Michael L. Roberts, Richard Quintas, Paul M. Gehring, and Caroline L. Curry, Little Rock, for appellant.

Friday, Eldredge & Clark, LLP, by: James M. Simpson and Seth M. Haines; and Jones Day, by: David A. Kutik, Little Rock, for appellees CenterPoint Energy Arkla, Wayne D. Stinnett, Arkansas Western Gas Company, and Charles. V. Stevens.

Chisenhall, Nestrud & Julian, P.A., by: Lawrence E. Chisenhall, Jr., Jim L. Julian, and Mark Hodge, for appellee Arkansas Oklahoma Gas Corporation.

Valerie F. Boyce, Little. Rock, for appellees Arkansas Public Service Commission and Sandra Hochstetter.

TOM GLAZE, Justice.

This appeal flows from our court's decision in Arkansas Gas Consumers, Inc. v. Arkansas Public Service Commission, 354 Ark. 37, 118 S.W.3d 109 (2003). In October of 2001, in recognition of the fact that the winter of 2000-2001 had been exceptionally harsh, the PSC published Order No. 1 in which it proposed a "Temporary Low Income Customer Gas Reconnection Policy" ("the Policy"). According to the Order...

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