Legal Opinion · Concurring in part, dissenting in part

National-Southwire Aluminum Co. v. Big Rivers Electric Corp.

Court of Appeals of Kentucky

Decided April 18, 1990No. 88-CA-1999-MR, 88-CA-2001-MRPublished

1Concurring in part, dissenting in partWilhoit, Judge

With great reluctance I respectfully dissent in part from the majority opinion. This reluctance springs from an appreciation of the enormity and immediacy of the problem which this case presented to the Public Service Commission (PSC) and the impressive efforts of that body to reach an equitable solution, not to mention the thoughtful consideration given to those efforts by the Franklin Circuit Court and the majority here. I do so only because I believe the method by which the rates were reached appears to have failed to take into account important and well-established public policy and…

2Cases cited11 opinions

  1. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  2. Jersey Central Power & Light Company v. Federal Energy Regulatory Commission, Allegheny Electric Cooperative, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1987
  3. Philadelphia Electric Co. v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1981
  4. Citizens Tel. Co. v. Public Service Commission of KentuckyCourt of Appeals of Kentucky (pre-1976) · 1952
  5. Public Service Commission v. Montana-Dakota Utilities Co.North Dakota Supreme Court · 1959

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