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STATE EX REL. PRAXAIR, INC. v. PUBLIC SERVICE COM'N

Nos. WD 71988, WD 71989.

328 S.W.3d 329 (2010)

STATE of Missouri ex rel. PRAXAIR, INC. and Explorer Pipeline Company and Office of the Public Counsel, Appellants, v. PUBLIC SERVICE COMMISSION OF THE STATE OF MISSOURI and Empire District Electric Company, Respondents.

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

Lewis R. Mills, Jr. , Jefferson City, MO for appellant Office of the Public Counsel, Stuart W. Conrad and David L. Woodsmall, Jefferson City, MO for appellants Praxair, Inc. and Explorer Pipeline Company.

Jennifer L. Heintz , Steven C. Reed and Eric Dearmont , Jefferson City, MO for respondent Missouri Public Service Commission; Diana C. Carter, James C. Swearengen and L. Russell Mitten, Jefferson City, MO for respondent Empire District Electric Company.

Before Division Three: VICTOR C. HOWARD, Presiding Judge, THOMAS H. NEWTON, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

The Office of the Public Counsel ("OPC"), Praxair, Inc. and Explorer Pipeline Company ("Industrials") appeal the order of the Public Service Commission ("Commission"), which granted the Empire District Electric Company ("Empire") its requested general rate increase for its retail electric service. For the reasons set forth in this opinion, we affirm.

Factual Background

On February 1, 2006, Empire filed proposed tariff sheets...

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