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OFF. OF PUBLIC COUNSEL v. PUBLIC SVC. COM'N

No. SC 92964.

409 S.W.3d 371 (2013)

OFFICE OF the PUBLIC COUNSEL, Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION and Atmos Energy Corporation, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 10, 2013.

Opinion Modified on Court's Own Motion September 10, 2013.

Attorney(s) appearing for the Case

Marc Poston , Deputy Counsel, Jefferson City, for The Office of Public Counsel.

Jennifer Leigh Heintz , The Commission, Jefferson City, for The Public Service Commission.

James M. Fischer , Larry W. Dority , Fischer & Dority PC, Jefferson City, Douglas C. Walther , Deputy General Counsel of Atmos Energy Corporation, Dallas, for Atmos Energy Corporation.

LAURA DENVIR STITH, Judge.

The Office of Public Counsel (OPC) appeals from an order entered by the Missouri Public Service Commission (PSC) rejecting the PSC staff's proposed actual cost adjustment disallowances regarding Atmos Energy Corporation's transactions with its affiliate. This Court reverses.

When a regulated gas corporation such as Atmos Energy engages in a business transaction with an affiliated entity, it is required to abide by the affiliate transaction...

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