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COM., EX REL. STUMBO v. KY PUBLIC SERVICE

Nos. 2006-CA-002349-MR, 2006-CA-002350-MR, 2006-CA-002552-MR.

243 S.W.3d 374 (2007)

COMMONWEALTH of Kentucky, ex rel. Gregory D. STUMBO, Appellant/Cross-Appellee v. KENTUCKY PUBLIC SERVICE COMMISSION; Kentucky Industrial Utility Customers, Inc.; Kentucky Power Company d/b/a American Electric Power, Appellees/Cross-Appellants.

Court of Appeals of Kentucky.

December 7, 2007.

Attorney(s) appearing for the Case

Michael L. Kurtz, Kurt J. Boehm, Cincinnati, OH, for Kentucky Industrial Utility Customers, Inc.

Lawrence W. Cook, Assistant Attorney General, Office of Rate Intervention, Frankfort, KY, for Appellant/Cross-Appellee, Commonwealth of Kentucky ex. rel. Gregory D. Stumbo, Attorney General, And Appellee/Cross-Appellant Kentucky Industrial Utilities Commission.

Bruce F. Clark, R. Benjamin Crittenden, Frankfort, KY, for Appellee/Cross-Appellant Kentucky Power.

David S. Samford, Richard W. Bertelson, III, Quang D. Nguyen, Frankfort, KY, for Appellee Public Service Commission.

Before DIXON and LAMBERT, Judges; ROSENBLUM, Senior Judge.

OPINION

ROSENBLUM, Senior Judge.

The Commonwealth of Kentucky, ex. rel. Gregory D. Stumbo (AG), appeals from an order of the Franklin Circuit Court upholding the Public Service Commission's (Commission) determination that Kentucky Power (KP) is entitled to immediately include in its rates certain environmental related costs pursuant to the surcharge provisions of KRS2 278.183. Kentucky Industrial Utility Customers, Inc...

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