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STATE EX REL. MO. OFFICE OF PUBLIC COUNSEL v. PUBLIC SERV. COM'N.

Nos. SD 29278, SD 29308, SD 29297, SD 29320.

293 S.W.3d 63 (2009)

STATE of Missouri ex rel. MISSOURI OFFICE OF the PUBLIC COUNSEL, Relator-Appellant, v. PUBLIC SERVICE COMMISSION OF the STATE of Missouri, Respondent-Respondent. Missouri Gas Energy, a Division of Southern Union Company, Plaintiff-Appellant, v. Public Service Commission of the State of Missouri, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

August 28, 2009.

Attorney(s) appearing for the Case

Marc Poston, Senior Counsel, Office of the Public Counsel, Jefferson City, MO, for appellant, Office of the Public Counsel, (Nos. SD29278 & SD29308).

James C. Swearengen, Diana C. Carter, and Paul A. Boudreau, Brydon, Swearengen & England, P.C., Jefferson City, MO, and Douglas S. Evans, Evans & Green, L.L.P., Springfield, MO, for appellant, Missouri Gas Energy (Nos. SD29297 & SD29320).

Jennifer Heintz and Peggy A. Whipple, Jefferson City, MO, for respondent, Public Service Commission of the State of Missouri.

GARY W. LYNCH, Chief Judge.

The Office of Public Counsel ("OPC") and Southern Union Company ("Southern Union") separately appeal from the circuit court's affirmance of a Public Service Commission ("the Commission") Report and Order ("the Order"). The resolutions of both appeals are consolidated in this opinion.

OPC raises three points of Commission error: (1) the Order as related to the adopted rate design does not contain sufficient findings of fact and conclusions...

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