Leavenworth-Jefferson Electric Cooperative, Inc. v. Kansas Corp. Commission

The opinion of the court was delivered by

Six, J,:

The parties, Leavenworth-Jefferson Electric Cooperative, Inc., (Leavenworth-Jefferson) and The Kansas Power and Light Company (KP&L), have appeared before us with the in*269tention of testing the constitutionality of a section of the Retail Electric Suppliers Act (RESA), K.S.A. 66-1,170 et seq. The focus of Leaven worth-Jefferson’s claim of unconstitutionality centers on K.S.A. 1989 Supp. 66-1,176. Its route to this court included: (1) briefing and argument before the Kansas Corporation Commission (KCC), resulting in an order adverse to…