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REQUEST FOR AN INCREASE IN SEWER OPR. REV.

No. WD 76996.

438 S.W.3d 482 (2014)

In the Matter of the REQUEST FOR AN INCREASE IN SEWER OPERATING REVENUES OF EMERALD POINTE UTILITY COMPANY; Respondent, Public Service Commission of Missouri, Respondent, v. Office of Public Counsel, Appellant.

Missouri Court of Appeals, Western District.

August 12, 2014.

Attorney(s) appearing for the Case

Christina Baker , Jefferson City, MO, for Appellant.

Shelley Brueggemann , Joshua Harden , Jefferson City, MO, for Respondent, Public Serv. Comm.

Dean Cooper , Jefferson City, MO, for Respondent, Emerald Point.

Before Division Two: VICTOR C. HOWARD, P.J., JAMES EDWARD WELSH, and ANTHONY REX GABBERT, JJ.

JAMES EDWARD WELSH, Judge.

When Emerald Pointe Utility Company filed a request with the Missouri Public Service Commission asking for an increase in its annual sewer and water system operating revenues, the Office of Public Counsel alleged that Emerald Pointe was overcharging its customers through the collection of a "sewer commodity charge." The Commission noted that the overcharging issue was an issue that could have been brought in a complaint case, which would...

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