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AG PROCESSING v. KCP & L GREATER MO. OP.

No. WD 76353.

432 S.W.3d 226 (2014)

AG PROCESSING, INC., Appellant, v. KCP & L GREATER MISSOURI OPERATIONS COMPANY, and Missouri Public Service Commission, Respondents, Triumph Foods, LLC, Intervenor-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 29, 2014.

Application for Transfer Denied June 24, 2014.

Attorney(s) appearing for the Case

Stuart W. Conrad , Jefferson City, MO, C Edward Peterson , Jeremiah D. Finnegan , Kansas City, MO, for appellant.

Lewis R. Mills , St. Louis, Office of Public Counsel Lowell D. Pearson , Robert R. Harding , Jefferson City, MO for Triumph Foods.

Karl Zobrist , Roger W. Steiner , Lisa A. Littell Smith , KCMO, James M. Fischer , Jefferson City, MO, for respondent.

Before Division Three: GARY D. WITT, Presiding Judge, LISA WHITE HARDWICK and ALOK AHUJA, Judges.

LISA WHITE HARDWICK, J.

AG Processing, Inc. ("AGP") appeals from the Missouri Public Service Commission's ("Commission") Order Regarding Remand in which it: (1) vacated a prior report and order finding that KCP & L Greater Missouri Operations Company ("KCP & L") had imprudently operated its hedging program and, as a result, was required to pay AGP and other customers refunds; (2) ordered a temporary rate adjustment to return to KCP & L the amount of the...

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