Boone County Water v. Public Service Commission

GRAVES, Justice.

This is a review of a Court of Appeals opinion affirming a circuit court judgment which upheld the Public Service Commission’s (“PSC”) decision requiring Boone County Water and Sewer District (“Boone”) to refund unpublished fees. Also, Americoal Corporation (“Americoal”) has appealed an order which denied its motion for attorney fees to recover expenses incurred in seeking the refund. Because we find the PSC lacked jurisdiction in Case No. 95-SC-733-DG, all other issues are moot and need not be discussed in this opinion.

Boone is a non-profit public utility which operates a…