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STATE EX REL. MISSOURI GAS ENERGY v. PUBLIC SERV. COM'N

No. WD 66666.

210 S.W.3d 330 (2006)

STATE of Missouri, ex rel. MISSOURI GAS ENERGY, a Division of Southern Union Company, Laclede Gas Company and Atmos Energy Corporation, Respondents, v. PUBLIC SERVICE COMMISSION of the State of Missouri; Appellant AARP, Human Development Corporation of Metropolitan St. Louis and National Consumer Law Center, Amicus Curiae, Amicus Curiae.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 19, 2006.

Application for Transfer Denied January 30, 2007.

Attorney(s) appearing for the Case

Thomas R. Schwarz, Jr., Jefferson City, MO, for appellant, Public Service Commission.

John B. Coffman, Jefferson City, Jay E. Sushelsky, Washington, D.C., for Amicus Curiae, AARP, Human Development Corp., National Consumer Law Center.

Marc D. Poston, Jefferson City, MO, for Amicus Curiae, Office of Public Counsel.

Dean L. Cooper, Jefferson City, MO, for respondent, Missouri Gas Energy.

Michael C. Pendergast, St. Louis, MO, for respondent, Laclede Gas Co.

James M. Fischer, Jefferson City, MO, for respondent, Atmos Energy Corp.

Before HAROLD L. LOWENSTEIN, P.J., PAUL M. SPINDEN, and THOMAS H. NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 19, 2006.

THOMAS H. NEWTON, Judge.

Facts and Procedural Background

On October 21, 2005, the Office of the Public Counsel (OPC) filed a Motion to Open a New Case and for Finding of Necessity for Rulemaking with the Public Service Commission (Commission). The OPC proposed an emergency amendment to the Cold Weather Rule (CWR).

The existing CWR prescribes the conditions for...

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