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PUBLIC ADVOCATE v. PUBLIC SERVICE COM'N

No. S-09-600.

779 N.W.2d 328 (2010)

279 Neb. 543

NEBRASKA PUBLIC ADVOCATE, appellee and cross-appellant, v. NEBRASKA PUBLIC SERVICE COMMISSION, appellee and cross-appellant, and SourceGas Distribution LLC and Knight, Inc., formerly known as Kinder Morgan, Inc., appellants and cross-appellees.

Supreme Court of Nebraska.

March 5, 2010.

Attorney(s) appearing for the Case

Stephen M. Bruckner and Russell A. Westerhold, of Fraser Stryker, P.C., L.L.O., Omaha, and Mark A. Fahleson and Troy S. Kirk, of Rembolt Ludtke, L.L.P., Lincoln, for appellant SourceGas Distribution LLC.

Steven G. Seglin, of Crosby Guenzel, L.L.P., Lincoln, for appellant Knight, Inc.

Roger P. Cox and Jack L. Shultz, of Harding & Schultz, P.C., L.L.O., Lincoln, for appellee Nebraska Public Advocate.

Jon Bruning, Attorney General, and L. Jay Bartel for appellee Nebraska Public Service Commission.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HEAVICAN, C.J.

INTRODUCTION

SourceGas Distribution LLC (SourceGas) and Knight, Inc., formerly known as Kinder Morgan, Inc. (KM), appeal the decision of the Lancaster County District Court. Both the Nebraska Public Service Commission (Commission) and the Nebraska Public Advocate (Public Advocate) cross-appeal. We affirm in part and in part reverse, and remand with directions.

FACTUAL BACKGROUND

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