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STATE EX REL. LACLEDE GAS CO. v. PUBLIC SERVICE COM'N

No. WD 72179.

328 S.W.3d 316 (2010)

STATE of Missouri, ex rel. LACLEDE GAS COMPANY, Respondent, v. PUBLIC SERVICE COMMISSION OF THE STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 7, 2010.

Application for Transfer Denied January 25, 2011.

Attorney(s) appearing for the Case

Steven C. Reed , Jaime N. Ott , Jefferson City, for Appellant.

Michael C. Pendergast , Rick E. Zucker , St. Louis, MO, for Respondent.

Before LISA WHITE HARDWICK, C.J., JAMES EDWARD WELSH, J., and CHARLES E. ATWELL, Sp.J.

JAMES EDWARD WELSH, Judge.

This appeal involves a dispute over whether the Public Service Commission unlawfully and unreasonably rejected a tariff filing by Laclede Gas Company to recover the gas cost portion of its bad debts through a mechanism known as a purchased gas adjustment. On appeal, Laclede contends that the Commission's decision rejecting its tariff was unlawful and unreasonable because (1) the gas cost portion of bad debt is a gas cost, (2) the evidence...

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