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STATE EX REL. OFFICE OF PUBLIC COUNSEL v. PUBLIC SERVICE COM'N

No. SC 88390.

236 S.W.3d 632 (2007)

STATE ex rel. OFFICE OF THE PUBLIC COUNSEL, Relator, v. THE PUBLIC SERVICE COMMISSION OF THE STATE of Missouri, et al., Respondents.

Supreme Court of Missouri, En Banc.

October 30, 2007.

Attorney(s) appearing for the Case

Lewis R. Mills, Jr., Michael F. Dandino, Christina Baker, Jefferson City, MO, for Appellant.

Kevin A. Thompson, Dennis L. Frey, Jefferson City, MO, for Respondent.

James C. Swearengen, Diana C. Carter, Dean L. Cooper, Janet E. Wheeler, Russell L. Mitten, Jefferson City, Mo, for Intervenor-Respondent Empire District Electric Co. and Aquila Networks — D. Carter only).

David L. Woodsmall, Jefferson City, Stuart W. Conrad, Kansas City, MO, for Intervenor-Respondent Explorer Pipeline & Praxair, Inc.

James M. Fischer, Jefferson City, Curtis D. Blanc, William G. Riggins, Kansas City, MO, for Intervenor-Respondent K.C. Power & Light Co.

Jeremiah W. (Jay) Nixon, Atty. Gen., Shelley A. Woods, Asst. Atty. Gen., Jefferson City, MO, for Intervenor-Respondent MO Department of Natural Resources.

MICHAEL A. WOLFF, Judge.

Introduction

Office of Public Counsel represents the public in all proceedings, including cases involving utility rates, before the Public Service Commission and on review by the courts. When the PSC approves a tariff for new utility rates, public counsel, if it wishes to exercise its right to review, must file an application for rehearing before the new rates take effect.

In this case, the timing of the PSC order approving...

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