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ATMOS ENERGY v. OFFICE OF PUBLIC COUNSEL

No. WD 74916.

389 S.W.3d 224 (2012)

In the Matter of ATMOS ENERGY CORPORATION'S 2008-2009 Purchased Gas Adjustment and Actual Cost Adjustment, Respondent, Public Service Commission, Respondent, v. OFFICE OF PUBLIC COUNSEL, Appellant.

Missouri Court of Appeals, Western District.

December 18, 2012.

Attorney(s) appearing for the Case

James M. Fischer , Jefferson City, MO, for Respondent Atmos Energy.

Jennifer L. Heintz , for Respondent Public Service Commission.

Marc D. Poston , Jefferson City, MO, for Appellant Office of Public Counsel.

Before Division One: THOMAS H. NEWTON, Presiding Judge, JOSEPH M. ELLIS, Judge and GARY D. WITT, Judge.

JOSEPH M. ELLIS, Judge.

The Office of Public Counsel ("the OPC") appeals from an order entered by the Missouri Public Service Commission ("the PSC") approving the 2008-2009 actual cost adjustment rates for Atmos Energy Corporation ("Atmos"). The OPC claims that the PSC's order is unlawful and unreasonable in that it violates the Affiliate Transaction Rule, 4 CSR 240-40.016, and is not supported by competent and substantial...

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