STATE EX REL. OFFICE OF PUBLIC COUNSEL MISSOURI INDUSTRIAL ENERGY CONSUMERS v. MISSOURI PUBLIC SERVICE COMMISSION

Nos. WD 72498, WD 72508.

331 S.W.3d 677 (2011)

STATE of Missouri ex rel. OFFICE OF the PUBLIC COUNSEL and MISSOURI INDUSTRIAL ENERGY CONSUMERS, Appellants, v. MISSOURI PUBLIC SERVICE COMMISSION and Union Electric Company d/b/a AmerenUE, Respondents.

Missouri Court of Appeals, Western District.

February 1, 2011.


Attorney(s) appearing for the Case

Lewis R. Mills, Jr. , Jefferson City, MO, Attorney for Appellant, Office of the Public Counsel.

Diana M. Vuylsteke and John R. Kindschuh , St. Louis, MO, Edward F. Downey , Jefferson City, MO, Attorneys for Appellant, Missouri Industrial Energy Consumers.

Jennifer Heintz , Jefferson City, MO, Attorney for Respondent, Missouri Public Service Commission.

James B. Lowery and Amanda Allen Miller , Columbia, MO, Thomas M. Byrne , St. Louis, MO, Attorneys for Respondent, Union Electric Company d/b/a AmerenUE.

Before Division I: MARK D. PFEIFFER, Presiding Judge, and THOMAS H. NEWTON and ALOK AHUJA, Judges.


MARK D. PFEIFFER, Presiding Judge.

Appellants, Office of Public Counsel1 ("OPC") and Missouri Industrial Energy Consumers2 ("MIEC") appeal from the judgment of the Circuit Court of Cole County affirming the Public Service Commission ("PSC") Order promulgating 4 CSR 240-3.162 and 4 CSR 240-20.091 (the "Regulations") as lawful and reasonable. OPC and MIEC raise four points of error on appeal. They argue: (1)...

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