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MATTER OF EMPIRE DISTRICT ELECTRIC CO.

WD 85800 Consolidated with WD 85801.

672 S.W.3d 868 (2023)

In the MATTER OF the Petition of the EMPIRE DISTRICT ELECTRIC COMPANY d/b/a Liberty to Obtain a Financing Order that Authorizes the Issuance of Securitized Utility Tariff Bonds for Qualified Extraordinary Costs and in the Matter of the Petition of the Empire District Electric Company d/b/a Liberty to Obtain a Financing Order that Authorizes the Issuance of Securitized Utility Tariff Bonds for Energy Transition Costs Related to the Asbury Plant; Empire District Electric Company d/b/a Liberty, Appellant-Respondent, Office of Public Counsel, Respondent-Appellant, v. Public Service Commission of the State of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Filed: August 1, 2023.

Attorney(s) appearing for the Case

Shelley E. Brueggemann , Jennifer L. Heintz , John D. Borgmeyer , Jefferson City, for Public Servcie Commission of the State of Missouri, Respondent.

Diana C. Carter , Dean L. Cooper , Jefferson City; Sarah Knowlton , Concord NH, for, Empire District Electric Company, Appellant.

Nathan C. Williams , Marc D. Poston , Jefferson City, for Office of Public Counsel, Respondent.

Jacqueline M. Whipple , Karl Zobrist , Kansas City for Energy Metro, Inc. and Evergy Missouri West, Amicus Curiae.

William D. Beil , Kansas City, for Edison Electric Institute, Amicus Curiae.

BEFORE DIVISION ONE: ANTHONY REX GABBERT, PRESIDING JUDGE, LISA WHITE HARDWICK, JUDGE, AND MARK D. PFEIFFER, JUDGE.

The Empire District Electric Company, d/b/a Liberty ("Liberty"), appeals from the Amended Report and Order of the Public Service Commission ("Commission") approving the securitization of costs in an amount less than Liberty requested. In Points I and III, Liberty contends the...

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