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STATE EX REL. OFFICE OF PUBLIC COUNSEL v. PUBLIC SERVICE COMMISSION

No. SC 89176.

266 S.W.3d 842 (2008)

STATE EX REL. OFFICE OF PUBLIC COUNSEL, Relator, v. PUBLIC SERVICE COMMISSION OF the STATE OF MISSOURI, et al., Respondents.

Supreme Court of Missouri, En Banc.

October 14, 2008.

Attorney(s) appearing for the Case

Lewis R. Mills, Jr., Michael F. Dandino, Christina Baker, Office of Public Counsel, Jefferson City, MO, for Relator.

Kevin A. Thompson, Dennis Frey, Jennifer Heintz, Peggy A. Whipple, Missouri Public Service Commission, Diana C. Carter, James C. Swearengen, Dean L. Cooper, Russell L. Mitten, Janet Wheeler, Brydon, Swearengen & England P.C., James M. Fischer, Jeremiah W. (Jay) Nixon, Attorney General, Shelley A. Woods, Assistant Attorney General, Jefferson, City, MO, Curtis D. Blanc, William G. Riggins, Kansas City, MO, for Respondents.

David Woodsmall, Jefferson City, MO, Stuart Conrad, Kansas City, MO, for Amicus Curiae.

PER CURIAM.

This proceeding is the second action filed by the public counsel to contest a rate increase sought by the Empire District Electric Company. As with the first action, the public service commission again is directed to vacate its order.

Facts

The public service commission first purported to approve an increase for Empire Electric on December 29, 2006, to be effective January 1, 2007. The...

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