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STATE EX REL. MISSOURI ENERGY DEVELOPMENT ASSOCIATION v. PUBLIC SERVICE COM'N

No. WD 74896.

386 S.W.3d 165 (2012)

STATE of Missouri, EX REL., MISSOURI ENERGY DEVELOPMENT ASSOCIATION, Respondent, State of Missouri, ex rel., Missouri Industrial Energy Consumers, Respondent, State of Missouri, ex rel., The Empire District Electric Company, Respondent, State of Missouri, ex rel., Union Electric Company, d/b/a Amerenue, Respondent, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

November 20, 2012.

Attorney(s) appearing for the Case

Edward F. Downey , Jefferson City, for Respondent Missouri Industrial Energy Consumers.

Paul A. Boudreau , Jefferson City, for Respondent Missouri Energy Development Association.

Jennifer L. Heintz , for Appellant Missouri Public Service Commission.

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

VICTOR C. HOWARD, Judge.

The Missouri Public Service Commission (PSC) appeals the judgment of the circuit court reversing its revised final order of rulemaking adopting 4 CSR 240-20.100, which implemented the Renewable Energy Standard in Missouri. The circuit court's judgment is reversed, and the PSC's revised final order of rulemaking is affirmed.

Factual and Procedural Background

The PSC is the state agency responsible for the regulation of investor...

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