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STATE EX REL. OFF. OF PUBLIC COUNSEL v. MO. PUBLIC SERV.

No. WD 70647.

301 S.W.3d 556 (2009)

STATE ex rel. OFFICE OF the PUBLIC COUNSEL, Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION and Laclede Gas Company, Respondents.

Missouri Court of Appeals, Western District.

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

Attorney(s) appearing for the Case

Marc D. Poston, Jefferson City, MO, for Appellant.

Steven C. Reed, Counsel, Jennifer L. Heintz, Jefferson City, MO, Co-Counsel for Respondent, Public Service.

Michael C. Pendergast, St. Louis, MO, for Respondent, Laclede.

Before MARK D. PFEIFFER, P.J., JAMES EDWARD WELSH, and KAREN KING MITCHELL, JJ.

JAMES EDWARD WELSH, Judge.

This appeal involves a dispute over the interpretation and application of an administrative rule of the Public Service Commission, known as "the cold weather rule." See 4 C.S.R. 240-13.055. In this case, the Commission authorized Laclede Gas Company to defer for possible future recovery $2,494,311 as Laclede's cost of complying with an amendment to the Commission's cold weather rule, and the circuit court affirmed the Commission's...

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