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

No. SC 91322.

344 S.W.3d 178 (2011)

STATE ex rel. PRAXAIR, INC., AG Processing, Inc., a Cooperative, and Sedalia Industrial Energy Users' Association, Appellants, Office of the Public Counsel, Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION, Great Plains Energy, KCP & L, KCP & L Greater Missouri Operations Co., Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 30, 2011.

Attorney(s) appearing for the Case

David L. Woodsmall , Stuart W. Conrad , Finnegan, Conrad & Peterson LC, Jefferson City, for Praxair, AG Processing and Sedalia Industrial Energy Users' Association.

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

Jennifer Heintz , Stephen C. Reed , The Commission in Jefferson City, for Public Service Commission.

Karl Zobrist and Daniel Morris of SNR Denton U.S. LLP in Kansas City, for Great Plains Energy, KCP & L and KCP & L operations.

Roger W. Steiner of the Kansas City Power & Light Company in Kansas City, for KCP & L and KCP & L operations.

LAURA DENVIR STITH, Judge.

Praxair, Inc., AG Processing, Inc., a cooperative, and Sedalia Industrial Energy Users' Association (for convenience, collectively "Praxair") appeal the Public Service Commission's (PSC's) approval of Great Plains Energy, Inc.'s acquisition of Aquila, Inc., a Missouri utility company. Praxair argues that the PSC improperly failed to consider Great Plains' allegedly inadequate gift policy, a policy that, Praxair asserts,

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