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OFF. OF PUB. COUNSEL v. PUB. SERV. COM'N

No. WD 72625.

326 S.W.3d 868 (2010)

STATE ex rel. OFFICE OF PUBLIC COUNSEL, Appellant, v. PUBLIC SERVICE COMMISSION OF the STATE of Missouri and Southern Union Company, Respondents.

Missouri Court of Appeals, Western District.

December 14, 2010.

Attorney(s) appearing for the Case

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

Steven C. Reed and Jennifer Heintz , Jefferson City, MO, for respondent Public Service Commission of the State of Missouri; Diana C. Carter and James C. Swearengen, Jefferson City, MO, for respondent Southern Union Company.

Before Division Three: ALOK AHUJA, Presiding Judge, VICTOR C. HOWARD, Judge and CYNTHIA L. MARTIN, Judge.

CYNTHIA L. MARTIN, Judge.

The Office of the Public Counsel ("OPC") appeals from the trial court's judgment dismissing its petition for writ of review. OPC contends: (1) the trial court erred because its petition was not premature as it was properly filed after the Public Service Commission ("PSC") orally denied OPC's application for rehearing in its agenda meeting; (2) the trial court misinterpreted the law because although section 386.5101

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