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CAWS v. KENTUCKY PUBLIC SERVICE COM'N

No. 2010-CA-001597-MR.

358 S.W.3d 488 (2011)

CITIZENS FOR ALTERNATIVE WATER SOLUTIONS, Appellant, v. KENTUCKY PUBLIC SERVICE COMMISSION; Kentucky American Water Company; Louisville Water Company; Attorney General Jack Conway; Lexington-Fayette Urban County Government; Kentucky Industrial Utility Customers, Inc.,; Bluegrass Water Supply Commission; and The Kentucky River Authority, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court February 15, 2012.

Case Ordered Published by Supreme Court February 15, 2012.

Attorney(s) appearing for the Case

Thomas J. FitzGerald , (argued), Frankfort, KY, for appellant.

Helen C. Helton , Gerald E. Wuetcher , (argued), M. Todd Osterloh , Frankfort, KY, for appellee Kentucky Public Service Commission.

Lindsay W. Ingram III (argued), Lexington, KY, for appellee, Kentucky-American Water Company.

Jack Conway , Attorney General of Kentucky, David Edward Spenard (argued), Dennis G. Howard, II , Assistant Attorney General, Frankfort, KY, for appellee, Attorney General Jack Conway.

Before TAYLOR, Chief Judge; CAPERTON and CLAYTON, Judges.

OPINION

TAYLOR, Chief Judge:

Citizens for Alternative Water Solutions (CAWS) brings this appeal from a July 26, 2010, Opinion and Order of the Franklin Circuit Court affirming a final order of the Kentucky Public Service Commission (Commission) granting a Certificate of Public Convenience and Necessity (certificate of necessity) to Kentucky American Water Company (KAWC) for construction of a water treatment facility in Owen County. We affirm.

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