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STATE EX REL. PUBLIC COUNSEL v. MISSOURI PUBLIC SERVICE

No. WD 70219.

289 S.W.3d 240 (2009)

STATE of Missouri, ex rel. PUBLIC COUNSEL, Respondent, Atmos Energy Corporation, Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION, Respondent.

Missouri Court of Appeals, Western District.

June 23, 2009.

Attorney(s) appearing for the Case

Larry W. Dority, for Appellant.

Jennifer L. Heintz, for Respondent Missouri Public Service Commission.

Marc D. Poston, for Respondent Office of Public Counsel.

Before Division One: JAMES E. WELSH, P.J., VICTOR C. HOWARD, Judge and ALOK AHUJA, Judge.

VICTOR C. HOWARD, Judge.

Atmos Energy Corporation ("Atmos") filed a request with the Missouri Public Service Commission ("the Commission") to increase its rates in order to recover approximately $3.4 million in additional annual revenue and also sought to implement a weather normalization adjustment ("WNA") mechanism. Atmos later abandoned both requests and adopted a proposal of the Commission's Staff that would allow Atmos to recover its non-gas costs through a straight...

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