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MISSOURI PUBLIC SERVICE v. ONEOK, INC.

No. WD 70666.

318 S.W.3d 134 (2009)

MISSOURI PUBLIC SERVICE COMMISSION, Appellant, v. ONEOK, INC., et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 2, 2010.

Application for Transfer Sustained April 20, 2010.

Case Retransferred September 21, 2010.

Court of Appeals Opinion Readopted September 24, 2010.

Attorney(s) appearing for the Case

Jennifer L. Heintz , for Appellant.

Jerome T. Wolf , for Respondent Duke Energy Trading & Marketing, LLC.

William J. Foland, Jr. , for Respondents RRI Energy, Inc. and RRI Energy Services, Inc.

Martin McCormick Loring , for Respondents Aquila, Inc., Aquila Merchant Services, Inc., El Paso Corporation and El Paso Merchant Energy L.P.

Brant M. Laue , for Respondents Oneok Energy Services Co., L.P. and Kansas Gas Marketing Co.

Spencer J. Brown , for Respondents Xcel Energy. Inc. and E Prime, Inc.

Richard Nelson Bien , for Respondents CMS Field Services, Inc. and CMS Energy Resources Management Co.

James Richard Eiszner , for Respondent Coral Energy Resources, L.P.

James F. Mauze , for Respondents American Electric Power Co., Inc. and AEP Energy Services, Inc.

Thomas Peter Schult , for Respondents The Williams Companies, Inc., Williams Merchant Services Co., Inc., and Williams Gas Marketing, Inc.

Before Division Two: JOSEPH M. ELLIS, Presiding Judge, VICTOR C. HOWARD, Judge and CINDY MARTIN, Judge.

VICTOR C. HOWARD, Judge.

The Missouri Public Service Commission ("the Commission") appeals the trial court's judgment granting a motion to dismiss the Commission's petition for lack of standing. On appeal, the Commission claims that the trial court erred in dismissing the petition because the Commission had the authority to accept assignments of claims from local distribution companies and to file a petition asserting those claims. The judgment is affirmed.

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