KENTUCKY PUBLIC SERVICE COMMISSION, Appellant,
v.
COMMONWEALTH of Kentucky, ex rel. Jack CONWAY; and Duke Energy Kentucky, Inc. (f/k/a The Union Light, Heat, and Power Company), Appellees. and
Duke Energy Kentucky, Inc. (f/k/a The Union Light, Heat, and Power Company), Appellant,
v.
Commonwealth of Kentucky, ex rel. Jack Conway; and Kentucky Public Service Commission, Appellees.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
Dennis Gordon Howard, II , Assistant Attorney General, Lawrence Wilson Cook , Office of Rate Intervention, Office of the Attorney General, Frankfort, KY, Counsel for Appellee Commonwealth of Kentucky, ex rel. Jack Conway.
Robert M. Watt, III , Stoll, Keenon, Ogden PLLC, Lexington, KY, Counsel for Amicus Curiae, Delta Natural Gas Company, Inc.
David Arthur Smart , General Counsel, East Kentucky Power Cooperative, Winchester, KY, Roger R. Cowden , Lexington, KY, Counsel for Amicus Curiae, East Kentucky Power Cooperative.
Clayton Otis Oswald , Taylor, Keller, Dunaway & Tooms, PLLC, London, KY, Counsel for Amicus Curiae, Jackson Energy Cooperative Corporation.
Frank N. King, Jr. , Dorsey, King, Gray, Norment & Hopgood, Henderson, KY, Counsel for Amicus Curiae, Kenergy Corp.
Daniel T. Yates , Governmental Affairs and Member Counsel, Kentucky Association of Electric Cooperatives, Inc., Louisville, KY, Counsel for Amicus Curiae, Kentucky Association of Electric Cooperatives, Inc.
Mark Richard Overstreet , Stites & Harbison, PLLC, Frankfort, KY, Counsel for Amicus Curiae, Kentucky Power Company.
Damon R. Talley , Hodgenville, KY, Counsel for Amicus Curiae, Kentucky Rural Water Association, Inc.
Robert M. Spragens, Jr. , Spragens & Higdon, PSC, Lebanon, KY, Counsel for Amicus Curiae, Taylor County Rural Electric Cooperative Corporation.
Supreme Court of Kentucky.
Opinion of the Court by Chief Justice MINTON.
We granted discretionary review of these cases to decide whether the Kentucky Public Service Commission (PSC) had the plenary authority to allow a utility to adjust its rates by imposing a surcharge or rider aimed at recovering costs associated with the utility's program to accelerate improvement of its gas distribution mains. We hold that so long as the rates established by the utility were fair, just, and reasonable...
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