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IN RE LACLEDE GAS CO.

No. WD 76509.

417 S.W.3d 815 (2014)

In the Matter of the Application of LACLEDE GAS COMPANY d/b/a Missouri Gas Energy, for Approval to Change its Infrastructure System Replacement Surcharge; Respondent, Public Service Commission of the State of Missouri, Respondent, v. The Office of Public Counsel, Appellant.

Missouri Court of Appeals, Western District.

January 14, 2014.

Attorney(s) appearing for the Case

Marc Poston , Jefferson City, MO, for appellant.

Kevin Thompson , Shelley Brueggemann , Jefferson City, MO, for Resp., Public Service.

Todd Jacobs , Dean Cooper , Kansas City, MO, for Resp, Laclede Gas Co.

Before Division Four: JAMES EDWARD WELSH, C.J., CYNTHIA L. MARTIN, J., and PATRICK ROBB, Sp. J.

JAMES EDWARD WELSH, Chief Judge.

The Office of Public Counsel appeals the Missouri Public Service Commission's order approving the petition of Laclede Gas Company ("Laclede") to change its "Infrastructure System Replacement Surcharge" ("ISRS"). The Office of Public Counsel contends that the Commission's order was unlawful because it approved an increase in the ISRS more than three years after Laclede's most recent general rate case, in violation of its statutory authority...

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