KY INDUS UTILITY CUSTOMERS, INC. v. KY PSC

NO. 2015-CA-000398-MR.

504 S.W.3d 695 (2016)

KENTUCKY INDUSTRIAL UTILITY CUSTOMERS, INC., Appellant v. KENTUCKY PUBLIC SERVICE COMMISSION and Kentucky Power Company, Appellees.

Court of Appeals of Kentucky.

July 15, 2016; 10:00 A.M.


Attorney(s) appearing for the Case

BRIEF FOR APPELLANT: Michael L. Kurtz , Kurt J. Boehm , Jody Kyler Cohn , Cincinnati, Ohio.

ORAL ARGUMENT FOR APPELLANT: Michael L. Kurtz , Cincinnati, Ohio.

BRIEF FOR APPELLEE KENTUCKY PUBLIC SERVICE COMMISSION: Richard G. Raff , Quang D. Nguyen , Jonathan D. Beyer , Molly Blake Katen , Frankfort, Kentucky.

ORAL ARGUMENT FOR APPELLEE KENTUCKY PUBLIC SERVICE COMMISSION: Quang D. Nguyen , Frankfort, Kentucky.

BRIEF FOR APPELLEE KENTUCKY POWER COMPANY: Mark R. Overstreet , Frankfort, Kentucky, Kenneth J. Gish, Jr. , Lexington, Kentucky.

ORAL ARGUMENT FOR APPELLEE KENTUCKY POWER COMPANY: Kenneth J. Gish, Jr. , Lexington, Kentucky.

BEFORE: KRAMER, CHIEF JUDGE; JONES AND TAYLOR, JUDGES.


OPINION

The Appellant, Kentucky Industrial Utility Customers, Inc., brings this appeal to challenge the Kentucky Public Service Commission's approval of Kentucky Power Company's application to recover from its customers an estimated $1.26 billion in costs associated with purchasing biomass energy from ecoPower Generation...

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