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IN RE: THE APPLICATION OF KCP&L GREATER MISSOURI OPERATIONS COMPANY FOR PERMISSION AND APPROVAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AUTHORIZING IT TO CONSTRUCT, INSTALL OWN, OPERATE, MAINTAIN AND OTHERWISE CONTROL AND MANAGE SOLAR GENERATION FACILITIES IN WESTERN MISSOURI, UNITED FOR MISSOURI, OFFICE OF PUBLIC COUNSEL, APPELLANTS v. MISSOURI PUBLIC SERVICE COMMISSION; KCP&L GREATER MISSOURI OPERATIONS CO., AND MISSOURI DIVISION OF ENERGY, RESPONDENTS
United for Missouri, Inc., and the Missouri Office of the Public Counsel (collectively “Appellants”) appeal the Report and Order of the Missouri Public Service Commission (“Commission”) that granted KCP&L Greater Missouri Operations Company (“GMO”) a certificate of convenience and necessity (“CCN”) to construct a pilot-project solar power plant. Appellants assert that the order is unlawful, i.e., void ab initio, because the due process rights of the public were violated, and the order is unlawful and unreasonable because the proposed pilot-project solar plant is not “necessary or convenient for the public service.”
AFFIRMED.
Division One holds:
(1) The Commission did not violate the due process rights of the public by not requiring prefiled written testimony and by providing only ten business days' notice prior to the hearing.
(2) The Commission's Report and Order granting GMO a CCN was not unlawful or unreasonable because the proposed pilot-project solar plant is necessary or convenient for the public service.
Opinion by: Edward R. Ardini, Jr., Judge
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Docket No: WD79550
Decided: December 20, 2016
Court: Missouri Court of Appeals, Western District.
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