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AG PROCESSING v. KCP & L GREATER MO OPS CO.

No. WD 74601.

385 S.W.3d 511 (2012)

AG PROCESSING, INC., a Cooperative; Missouri Public Service Commission, Office of Public Counsel, Respondents, v. KCP & L GREATER MISSOURI OPERATIONS COMPANY, Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied November 20, 2012.

Attorney(s) appearing for the Case

Jennifer L. Heintz , Lewis R. Mills , Stuart W. Conrad and David L. Woodsmall , Jefferson City, MO, for appellant.

Karl Zobrist , Lisa Gilbreath and Roger Steiner , Kansas City, MO, for respondent.

Before Division One: JAMES M. SMART, Presiding Judge, LISA WHITE HARDWICK and GARY D. WITT, Judges.

LISA WHITE HARDWICK, Judge.

This appeal arises from the Missouri Public Service Commission's ("Commission") order requiring KCP & L Greater Missouri Operations Company ("KCP & L") to pay customer refunds because it failed to prove that a natural gas hedging program was operated prudently. KCP & L contends the order is unlawful because the Commission incorrectly applied the burden of proof.1 We agree. For reasons

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