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STATE EX REL. UNION ELECTRIC COM. v. PUBLIC SERVICE COM'N OF STATE

Nos. WD 75403, WD 75404.

399 S.W.3d 467 (2013)

STATE ex rel. UNION ELECTRIC COMPANY d/b/a Ameren Missouri, Respondent, v. PUBLIC SERVICE COMMISSION OF the STATE of Missouri, Appellant, Missouri Industrial Energy Consumers, Appellant.

Missouri Court of Appeals, Western District.

May 14, 2013.

Attorney(s) appearing for the Case

James B. Lowery , Columbia, MO and Thomas M. Byrne , St. Louis, MO, for respondent Union Electric Company d/b/a Ameren Missouri.

Shelley E. Brueggemann , Jefferson City, MO, for appellant Public Service Commission.

Brent E. Roam , St. Louis, MO, for appellant Missouri Industrial Energy Consumers.

Before Division Three: CYNTHIA L. MARTIN, Presiding Judge, JOSEPH M. ELLIS, Judge and GARY D. WITT, Judge.

CYNTHIA L. MARTIN, Judge.

Union Electric Company d/b/a Ameren Missouri ("Ameren") appeals from the Public Service Commission's ("PSC") report and order that required Ameren to refund $17,169,838 to its ratepayers following prudence review of a rate adjustment under a fuel adjustment clause. The PSC concluded that Ameren acted imprudently, improperly, and unlawfully in failing to treat revenues it received from two power sales contracts as off-system sales for purposes...

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