ex10_1.htm


    Exhibit
10.1

    


    Before
the Public Service Commission

    Of
the State of Missouri

    


    
      
        
          	
                  In
      the Matter of the Tariff Filing of KCP&L Greater Missouri Operations
      Company, to Implement a General Rate Increase for Retail Electric Service
      Provided to Customers in its Missouri Service Areas it formerly served as
      Aquila Networks—MPS and Aquila Networks—L&P.

                   

                	
                  )

                  )

                  )

                	
                  Case No.
      ER-2009-0090

                  Tariff
      No. JE-2009-0913

                


        

      

    

    


    NON-UNANIMOUS STIPULATION
AND AGREEMENT

    


    


    COME NOW the undersigned—KCP&L
Greater Missouri Operations Company (“GMO”), the Staff of the Missouri Public
Service Commission (“Staff”), the Office of the Public Counsel (“OPC”), Missouri
Department of Natural Resources (“MDNR”) and Dogwood Energy, LLC (“Dogwood”)
(individually “Signatory” and collectively “Signatories”) and state the
following for this Non-unanimous Stipulation and Agreement (“2009 GMO
Stipulation”).  The terms “Non-Utility Signatory” and “Non-Utility
Signatories” refers to a party other than GMO that has signed this 2009 GMO
Stipulation and all of the parties other than GMO that have signed this 2009 GMO
Stipulation, respectively.

     

    1.           Revenue
Requirement

     

    The Signatories agree the Commission
should reject the proposed electric service tariff sheets GMO filed September 5,
2008 that initiated this general rate increase case.  GMO shall be
authorized to file revised tariff sheets containing rate schedules for electric
service designed to produce an increase in overall Missouri jurisdictional gross
annual base electric revenues, exclusive of any applicable license, occupation,
franchise, gross receipts taxes or other similar fees or taxes, of $48.0 million
for its operations serving the

    
 

     

      
        

      

    

    
 

    territory
it formerly served as Aquila Networks-MPS (“MPS”), and $15.0 million for its
operations serving the territory it formerly served as Aquila Network-L&P
(“L&P”), effective for electric service rendered on and after September 1,
2009, provided however, that the Iatan 1 Air Quality Control System ("AQCS")
facilities meet the Staff's in-service criteria which are attached to the Direct
Testimony of Brent Davis as Schedule BCD-2 in Case No. ER-2009-0089 by May 30,
2009.  The Signatories agree that GMO’s “base energy cost” included in
the new rates and for GMO’s FAC will be $0.02348 for MPS and $0.01642 for
L&P.  Exemplar revised tariff sheets designed to implement this
2009 GMO Stipulation are attached as Schedule 1.  Subject to the
provisions herein, the stipulated rate increase resolves this case.

     

    2.           Rate
Design

     

    The Signatories agree that the rate
design shall be on an equal percentage across the board basis for each rate
class; and within each rate class, all energy, demand and service charges shall
receive the same equal percentage increase as the overall class increase, i.e., each rate element shall
receive the same percentage increase.  The Signatories agree that the
return check charge will increase to $30.

     

    3.           Customer Class Cost of
Service Study

     

    GMO
agrees to file a new class cost of service study case by June 30,
2010.

     

    4.           Vegetation Management and
Infrastructure Inspection

     

    The
Signatories agree that there shall be no tracker for vegetation management or
infrastructure inspection activities, but that GMO shall create sub-accounts for
each where the costs for these activities shall be booked for
GMO.  GMO shall submit quarterly reports detailing GMO’s vegetation
management activities and expenses to the

    
 

     

      
        

      

    

     

     

    Commission’s
Energy Department.  GMO agrees to maintain records to separately
identify the costs to implement the Commission’s new Vegetation Management
regulations using Federal Energy Regulatory Commission accounts 593000
(distribution) and 571005-571006 (transmission); GMO shall use department 752
for MPS and department 952 for L&P.  GMO states that it is in the
process of setting up appropriate accounts to track infrastructure and
reliability reporting costs.

     

    5.           Prudence and In-Service
Timing of Iatan 1

     

    No
Signatory to this 2009 GMO Stipulation shall argue that anyone
is prohibited from arguing or presenting evidence in the next
GMO  general rate case challenging the prudence of any Iatan 1
construction cost or that Iatan 1 should have been operating at full
generation capacity sooner than the actual date that Iatan 1 is found to be
fully operational and used for service; provided, however, that any proposed
disallowance of rate base for imprudence under this paragraph shall be limited
to a maximum amount of GMO rate base no greater than $15 million inclusive of
Iatan common costs.  GMO acknowledges Kansas City Power & Light
Company has represented that Iatan 1 and Iatan common costs will not exceed $733
million on a total project basis.  Should the Commission find that
GMO, respecting any Signatory’s construction audit of these costs, (a) failed to
provide material and relevant information which was in GMO’s control, custody,
or possession, or which should have been available to GMO through reasonable
investigation, (b) misrepresented facts relevant to charges to Iatan 1 or Iatan
common costs, or (c) engaged in the obstruction of lawful discovery, said
Non-Utility Signatory is not bound to proposing a disallowance to GMO’s Missouri
jurisdictional rate base no greater than $15 million inclusive of Iatan common
costs in aggregate amount with

    
 

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    regard to
such construction audit.  GMO shall maintain Caseworks for the use of
the Non-Utility Signatories.  The Non-Utility Signatories may continue
their construction audits of Iatan 1 and Iatan 2 prior to GMO filing its Iatan 2
rate case.  GMO will facilitate the resolution of all outstanding
discovery disputes with the Non-Utility Signatories and cooperate with the
Non-Utility Signatories in any construction audits of Iatan 1 and Iatan
2.  GMO shall have the right to object, or to continue to object, to
discovery of the Non-Utility Signatories under applicable law or Commission
rule.  GMO and the Non-Utility Signatories will seek timely resolution
of discovery disputes.

     

    6.           Allocations
of Common Plant for Iatan 1 and 2

     

    (a)           The
Signatories agree that GMO can record to a regulatory asset the depreciation and
carrying costs associated with the Iatan 1 Air Quality Control System (“AQCS”)
and identified Iatan common facilities costs appropriately recorded to Electric
Plant in Service that are not included in rate base in the current rate
case.  Depreciation and carrying costs will continue to be deferred to the
regulatory asset until the date new rates become effective resulting from GMO’s
next general rate case.  Amortization of the accumulated deferred
costs will begin at that time based on the depreciable life of the Iatan 1 AQCS
plant.

     

    (b)           The
determination of the value of the owners of Iatan 1 due from other owners of
Iatan 2 joining as additional owners of common plant already paid for by the
Iatan 1 owners has not been calculated, and is to be accrued as an offset to
common plant costs.

     

    (c)           If
Staff's in-service criteria are met by May 30, 2009, the Signatories agree to
the use of “construction accounting” for the remaining Iatan 1 AQCS and
identified

    
 

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    Iatan
common facilities prudent costs incurred after the true-up cutoff of April 30,
2009.  The additional Iatan 1 AQCS and identified Iatan common
facilities prudent costs incurred as of the true-up cutoff of April 30, 2009 and
to be included in rate base in this case will be provided as part of a
late-filed Schedule 4 to this 2009 GMO Stipulation that will be filed in this
case by June 8, 2009.   Additional amounts for the remaining
Iatan 1 AQCS and identified Iatan common facilities prudent costs incurred after
the true-up cutoff of April 30, 2009, based on invoices timely booked or
approved for payment on or before May 31, 2009, will be added to the respective
April 30, 2009 amounts, and provided by GMO in the late-filed Schedule 4 to this
2009 GMO Stipulation that will be filed in this case by June 8,
2009.  “Construction accounting” is defined in the Stipulation and
Agreement authorizing Kansas City Power & Light Company’s Experimental
Regulatory Plan as finally amended and approved by the Commission in Case No.
EO-2005-0329 at page 43, Section III.3.d.vii of that Stipulation and
Agreement.  The Signatories agree the amount of common plant costs to
include in rates in this case shall be calculated by the same method that is
used in the illustrative calculation attached to this 2009 GMO Stipulation as
Schedule 2, based on invoices timely booked or approved for payment on or before
May 31, 2009.  Any deferred depreciation expense and carrying costs
will be offset by accumulated deferred income taxes on the Iatan 1 and common
plant prudent costs not included in rate base in the current rate
case.  The deferred expenses will receive rate base treatment, and
consistent with the Commission treatment of these types of deferrals, the
deferred income taxes will be included in GMO’s rate base for
L&P.  GMO agrees to calculate the amount due from the other Iatan
2 owners and reflect that amount as an offset to the common plant
costs.  The carrying costs will be

    
 

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    calculated
using a return on equity component of 10.2%.  GMO’s actual debt cost
will be adjusted to reflect imputed investment-grade debt, as ordered by the
Commission in its Report and
Order in Case No. EM-2007-0374 where it authorized Great Plains Energy’s
acquisition of GMO.

     

    7.           Allowance
for Funds Used During Construction Rate for Iatan 2

     

    The
Allowance for Funds Used During Construction (“AFUDC”) rate authorized in this
2009 GMO Stipulation will utilize a return on equity component of 10.2%;
however, this agreed upon rate does not affect the discounted AFUDC rate
established in the Non-Unanimous Stipulation and Agreement that resolved the
Kansas City Power & Light Company general rate increase case before this
Commission in Case No. ER-2009-0089.

     

    8.           Crossroads

     

    GMO
agrees to explore all reasonable options to add generating capacity to GMO’s
system and use its best efforts to determine the best terms available for each
such option. GMO will provide each Non-Utility Signatory a written report of its
efforts and decisions resulting from these activities by no later than the date
GMO files its next general rate case in Missouri.  In addition, GMO
agrees to provide supporting information to each Non-Utility Signatory that
requests information regarding the written report, subject to the Commission
rule 4 CSR 240-2.135 on the treatment of confidential
information.  Each Signatory reserves the right to assert any position
on the issue of whether the Crossroads Generating Facility located in
Mississippi should be included or excluded from GMO’s rate base and operating
expenses in any future proceeding.

    


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    9.           Sibley
and Jeffrey Air Quality
Control System
Equipment 

     

    The
Signatories agree that the Sibley and the Jeffrey Energy Center AQCS equipment
will be allowed into rate base if fully operational and used for service by May
30, 2009.  No Signatory to this 2009 GMO Stipulation shall argue that
anyone is prohibited from arguing or presenting evidence in GMO’s
next general rate case to challenge the prudence of any Sibley or Jeffrey
Energy Center AQCS construction cost.

     

    10.           Economic Relief Pilot
Program

     

    The
Signatories agree that GMO can defer 50% of the costs of its Economic Relief
Pilot Program in a regulatory asset until the next GMO general rate case, with
cost recovery to be determined at that time.  The remaining 50% of
such cost will be borne by GMO’s shareholders.    GMO agrees
to address all concerns raised by Staff in rebuttal testimony, specifically
related to the language regarding discontinuation of customer participation, and
the language regarding reinstatement of former participants, as contained in
Attachment Schedule ADD-1 to the Surrebuttal Testimony of Company witness Allen
Dennis prefiled in this case, Case No. ER-2009-0090.  The Signatories
agree that this program should be implemented, but that it should not be
considered a demand side management program.  The Signatories agree
that the exemplar tariff sheets labeled P.S.C. MO. No. 1, Original Sheets Nos.
62.15, 62.16, 62.17, and 62.18 attached to this 2009 GMO Stipulation as part of
Schedule 1 capture the Signatories’ agreement regarding this
program.

    


    


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              11.

            	
              Allocation
      of off-system sales and Staff’s methodology for fuel and purchased power
      allocations between MPS and
L&P

            


    

    


    The
methodology set out in attached Schedule 3, which includes Staff’s methodology
described at pages 75-80 of the Staff Report, Cost of Service
filed in Case No. ER-2009-0090 on February 13, 2009 in the section labeled 5. Allocation of Fuel and Purchased
Power Costs, shall be used to allocate off-system sales, fuel expenses
and purchased power expenses between MPS and L&P.

     

    12.           Income
Tax Cost of Removal

     

    GMO
agrees not to pursue in this case the Income Tax Cost of Removal issue it raised
in this case, and that GMO will never raise this Income Tax Cost of Removal
issue again in any future proceeding.

     

    
      	
               
      

            	
              13.

            	
              Maintenance
      Expenses

            


    

    


    The
Signatories agree that GMO is authorized to record costs incremental to typical
maintenance costs related to power plant turbine overhauls in advance of
performing this type of maintenance at the power plants.  This method
is used to match the utilization of the power plant for the generation of
electricity with incremental costs related to power plant turbine overhauls that
are required periodically based on the number of starts for certain gas-fired
power plants.  The accounting for this accrual is to record the
authorized cost of service as expense in the period collected in rates with an
offsetting credit to a regulatory liability until the major maintenance is
performed.  Use of this methodology referenced in this paragraph shall
have no ratemaking effect in any future rate cases.

    


     

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    14.           Demand-Side Management
(“DSM”)

     

    (a)           The
Signatories agree that for ratemaking purposes GMO will defer the costs of its
DSM programs in a regulatory asset, and annually calculate AFUDC on the balance
in that regulatory asset.  DSM programs are defined as demand response
and energy efficiency programs.  The prudently-incurred costs included
in the regulatory asset balance will be amortized over a ten- (10) year
period.  When new rates go into effect reflecting amortization
recovery as a result of future general rate proceedings, the prudently-incurred
costs included in the regulatory asset balance will be added to rate base, GMO
will stop accruing AFUDC on the amount included in rate base, and GMO will begin
amortizing the balance.  Additional DSM program costs incurred after
the effective date of a final Report and Order in GMO’s next general electric
rate proceeding following this case, Case No. ER-2009-0090, will be treated in
the same manner, but will be deferred in a different sub-account by
vintage.

     

    (b)           GMO also
agrees in its next Chapter 22 Resource Planning filing to include at least one
alternative resource plan that demonstrates energy reductions from demand side
resources of at least 1% of the projected retail energy requirements per year
over the 20-year planning horizon, assuming a net-to-gross ratio of
1.0.

     

    15.           Supplemental
Weatherization and Minor Home Repair Program

     

    GMO
agrees to present the Supplemental Weatherization and Minor Home Repair Program
to the customer program advisory group (“CPAG”) at the earliest
opportunity.  GMO remains committed to the program, but believes input
from the CPAG would be beneficial to the finalization and implementation of the
program.

    


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    16.           Low
Income/Weatherization Issues

     

    GMO
agrees to take an active role in the coordination of the exchange of information
between the City of Kansas City, Missouri and the state agencies that administer
the LIHEAP programs to facilitate the referral of customers who might benefit
from GMO’s low-income weatherization program.

     

    17.           Pension
Agreement

     

    GMO and
Staff will file a separate Non-Unanimous Stipulation and Agreement Regarding
Pensions in this proceeding.

     

    18.           Fuel Adjustment
Clause

     

    The
Signatories agree that GMO’s FAC shall be clarified and modified as contained in
the exemplar tariff sheets attached as part of Schedule 1, and as
follows:

     

    
      	
               
      

            	
              a.

            	
              GMO’s
      FAC tariff sheets shall list all the expenses and revenues that flow
      through its FAC;

            


    

    


    
      	
               
      

            	
              b.

            	
              Monthly
      fuel and purchased power expenses will be allocated to MPS and L&P on
      a going forward basis using Staff’s methodology for allocating such
      expenses between MPS and L&P presented in testimony in this case, and
      as addressed in § 11 of this 2009 GMO
  Stipulation;

            


    

    


    
      	
               
      c.  

            	
                
      To aid in FAC tariff, prudence and true-up reviews, GMO shall submit to
      Staff the following:

            


    

    


    
      	
               
      

            	
              •

            	
              As
      part of the information GMO submits when it files a tariff modification to
      change its cost adjustment factor (“CAF”), GMO’s calculation of the
      interest included in the proposed
CAF;

            


    

    


    
      	
               
      

            	
              •

            	
              In
      addition to the monthly reports required by 4 CSR 240-3.161(5), GMO’s
      Southwest Power Pool (“SPP”) Energy Imbalance Service (“EIS”) market
      settlements and revenue neutrality uplift
  charges;

            


    

    


    
      	
               
      

            	
              •

            	
              At
      GMO’s corporate headquarters or at some other mutually agreed upon place
      within a mutually agreed upon time for review, a copy of each and every
      coal and transportation contract GMO has that is in
  effect;

            


    

    


     

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              •

            	
              Within
      30 days of the effective date of each and every coal and transportation
      contract GMO enters into, both notice to the Staff of the contract and, at
      GMO’s corporate headquarters or at some other mutually agreed upon place,
      the contracts for review;

            


    

    


    
      	
               
      

            	
              •

            	
              At
      GMO’s corporate headquarters or at some other mutually agreed upon place
      within a mutually agreed upon time, a copy for review of each and every
      natural gas contract GMO has that is in
effect;

            


    

    


    
      	
               
      

            	
              •

            	
              Within
      30 days of the effective date of each and every natural gas contract GMO
      enters into, both notice to the Staff of the contract and at GMO’s
      corporate headquarters or at some other mutually agreed upon place a copy
      of the contract for review;

            


    

    


    
      	
               
      

            	
              •

            	
              A
      copy of each and every GMO hedging policy that is in effect for Staff to
      retain;

            


    

    


    
      	
               
      

            	
              •

            	
              Within
      30 days of any change in a GMO hedging policy, a copy of the changed
      hedging policy for Staff to retain;

            


    

    


    
      	
               
      

            	
              •

            	
              A
      copy of GMO’s internal policy for participating in the SPP EIS market,
      including any GMO sales/purchases from that market for Staff to
      retain;

            


    

    


    
      	
               
      

            	
              •

            	
              If
      GMO revises any internal policy for participating in the SPP EIS market,
      within 30 days of that revision, a copy of the revised policy with the
      revisions identified for Staff to retain;
and

            


    

    


    
      	
               
      

            	
              •

            	
              In
      addition to supplying the information required by 4 CSR 240-3.190(3) for
      any accidents occurring at a power plant involving serious physical injury
      or death or property damage in excess of $100,000, the information for
      every incident at a power plant in which GMO has any ownership interest
      that involves serious physical injury or death or property damage in
      excess of $100,000 in the
aggregate.

            


    

    


    Notwithstanding
the provisions of this paragraph, the Non-Utility Signatories reserve the right
to contest in any future proceeding whether GMO’s FAC should include all costs
and revenues associated with all energy and capacity transactions made by GMO,
including purely financial transactions.  Further, the Signatories
reserve the right to assert a position in any future proceedings regarding the
issue of whether GMO’s FAC as

    
 

     

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    originally
authorized by the Commission in Case No. ER-2007-0004 has included off-system
sales.

     

    GENERAL
PROVISIONS OF STIPULATION

     

    18.           Any
Signatory may file suggestions, a memorandum or other pleading in support of
this 2009 GMO Stipulation.  Each Signatory shall have the right to
file suggestions, a memorandum or other pleadings in response.  The
contents of any such suggestions, memorandum or other pleading provided by any
Signatory will be its own.

     

    19.           This
2009 GMO Stipulation is being entered into solely for the purpose of disposing
of Case No. ER-2009-0090.  Except as expressly and specifically
addressed otherwise in this 2009 GMO Stipulation, no Signatory to this 2009 GMO
Stipulation shall be deemed to have approved, accepted, agreed, consented, or
acquiesced in, including without limitation, any procedural principle, question
of Commission authority, accounting authority order principle, cost of capital
principle or methodology, capital structure principle or methodology,
decommissioning methodology, ratemaking principle, valuation methodology, cost
of service methodology or determination, depreciation principle or method, rate
design methodology, cost allocation principle or methodology, cost recovery
principle or methodology, or prudence question that may underlie this 2009 GMO
Stipulation, or for which provision is made in this 2009 GMO
Stipulation.

     

    20.           This
2009 GMO Stipulation represents a negotiated settlement.  Except as
specified herein, the Signatories to this 2009 GMO Stipulation shall not be
prejudiced, bound by, or in any way affected by the terms of this 2009 GMO
Stipulation:  (a) in any future proceeding; (b) in any proceeding
currently pending under a separate docket; (c) in

    
 

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    any
pending judicial review and/or appeal including, but not limited to, those
arising from Commission Case Nos. ER-2007-0004, EO-2008-0216, EO-2008-0415,
EO-2009-0254 and EM-2007-0374; and/or (d) in this proceeding should the
Commission decide not to approve this 2009 GMO Stipulation, or in any way
condition its approval of same.

     

    21.           The
provisions of this 2009 GMO Stipulation have resulted from extensive
negotiations between the Signatories and are interdependent.  If the
Commission does not approve and adopt the terms of this 2009 GMO Stipulation in
total, it shall be void and none of the Signatories shall be bound, prejudiced,
or in any way affected by any of the agreements or provisions hereof, unless
otherwise agreed to by the Signatory.

     

    22.           If
approved and adopted by the Commission, this 2009 GMO Stipulation shall
constitute a binding agreement among the Signatories.  The Signatories
shall cooperate in defending the validity and enforceability of this 2009 GMO
Stipulation and the operation of this 2009 GMO Stipulation according to its
terms.

     

    23.           This
2009 GMO Stipulation does not constitute a contract with the
Commission.  Acceptance of this 2009 GMO Stipulation by the Commission
shall not be deemed as constituting an agreement on the part of the Commission
to forego the use of any discovery, investigative or other power which the
Commission presently has.  Thus, nothing in this 2009 GMO Stipulation
is intended to impinge or restrict in any manner the exercise by the Commission
of any statutory right, including the right to access information, or any
statutory obligation.

     

    24.           If
the Commission does not unconditionally approve this 2009 GMO Stipulation
without modification, and notwithstanding its provision that it shall become
void thereon, neither this 2009 GMO Stipulation, nor any matters associated with
its 

    
 

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    consideration
by the Commission, shall be considered or argued to be a waiver of the rights
that any Signatory has to a hearing on the issues presented by this 2009 GMO
Stipulation, for cross-examination, or for a decision in accordance with Section
536.080 RSMo 2000 or Article V, Section 18 of the Missouri Constitution, and
each Signatory shall retain all procedural and due process rights as fully as
though this 2009 GMO Stipulation had not been presented for approval, and any
suggestions, memoranda, testimony or exhibits that have been offered or received
in support of this 2009 GMO Stipulation shall thereupon become privileged as
reflecting the substantive content of settlement discussions and shall be
stricken from and not be considered as part of the administrative or evidentiary
record before the Commission for any further purpose whatsoever, unless
otherwise agreed to by all of the Signatories.

     

    25.           If
the Commission accepts the specific terms of this 2009 GMO Stipulation, the
Signatories waive their respective rights to cross-examine witnesses; their
respective rights to present oral argument and written briefs pursuant to
Section 536.080.1 RSMo 2000; and their respective rights to judicial review
pursuant to Section 386.510 RSMo 2000.  The Signatories agree that the
pre-filed testimony and exhibits of the Signatories shall be entered into the
record without the necessity of the witnesses taking the witness
stand.

     

    26.           If
the Commission has questions for representatives or witnesses of one or more of
the Signatories, the Signatories shall make available, at any on-the-record
session, their witnesses and attorneys for the issues settled by this 2009 GMO
Stipulation, provided that all of the Signatories are given adequate notice of
the on-the-record session.  The
Signatories agree to cooperate in presenting this 2009 GMO Stipulation to the


     

     

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    Commission
for approval, and shall take no action, directly or indirectly, in opposition to
approval of this 2009 GMO Stipulation.

     

    27.           With
the exception of the separate Non-Unanimous Stipulation and Agreement Regarding
Pensions contemplated in this 2009 GMO Stipulation to be filed by the Staff and
GMO, this 2009 GMO Stipulation embodies the entirety of the agreements between
the Signatories in this case and may be modified by the Signatories only by a
written amendment executed by all of the Signatories.

     

    WHEREFORE, for the foregoing
reasons, the Signatories respectfully request that the Commission issue an Order
approving the terms and conditions of this Non-Unanimous Stipulation and
Agreement.

     

    Respectfully
submitted,

     

    


     

    
      	
              STAFF
      OF THE MISSOURI PUBLIC SERVICE COMMISSION

              /s/
      Nathan Williams by JMF

              _________________________________

              Kevin
      A. Thompson, MBE #36288

              General
      Counsel

              Steven
      Dottheim, MBE #29149

              Chief
      Deputy General Counsel

              Nathan
      Williams, MBE #35512

              Deputy
      General Counsel

              Missouri
      Public Service Commission

              P.O.
      Box 360

              Jefferson
      City, MO  65102

              (573)
      751-8702 (Voice - Williams)

              (573)
      751-7489 (Voice - Dottheim)

              (573)
      751-2690 (Voice - Thompson)

              (573)
      751-9285 (Fax)

              nathan.williams@psc.mo.gov

              steve.dottheim@psc.mo.gov

              kevin.thompson@psc.mo.gov

               

               

               

               

               

            	
              KCP&L
      GREATER MISSOURI OPERATIONS COMPANY

              /s/
      James M. Fischer

              ________________________________

              William
      G. Riggins, MBE #42501

              General
      Counsel

              Curtis
      Blanc, MBN#58052

              Managing
      Attorney - Regulatory

              Kansas
      City Power & Light Company

              (816)
      556-2785

              (816)
      556-2787 (Fax)

              bill.riggins@kcpl.com

              curtis.blanc@kcpl.com

               

              James
      M. Fischer, MBE #27543

              Fischer
      & Dority, P.C.

              101
      Madison Street, Suite 400

              Jefferson
      City, MO  65101

              (573)
      636-6758

              (573)
      636-0383 (Fax)

              jfischerpc@aol.com

               

               

              15

               

               

               

               

               

               

              Karl
      Zobrist, MBN #28325

              Roger
      W. Steiner, MBN #39586

              Sonnenschein
      Nath & Rosenthal LLP

              4520
      Main Street, Suite 1100

              Kansas
      City, MO  64111

              (816)
      460-2545

              (816)
      531-7545 (Fax)

              kzobrist@sonnenschein.com

              rsteiner@sonnenschein.com

               

            
	
              OFFICE
      OF THE PUBLIC COUNSEL

               

               

               

              /s/
      Lewis R. Mills, Jr. by JMF

              _______________________________

              Lewis
      R. Mills, Jr., MBE #35275

              Public
      Counsel

              P.O.
      Box 2230

              Jefferson
      City,  MO  65102

              (573)
      751-1304

              (573)
      751-5562 (Fax)

              lewis.mills@ded.mo.gov

               

            	
              MISSOURI
      DEPARTMENT OF NATURAL RESOURCES

               

               

              /s/
      Harry Bozian by JMF

              ________________________________

              Harry
      Bozoian, MBE # 37535

              Deputy
      General Counsel

              P.O.
      Box 176

              Jefferson
      City, MO  65102

              (573)
      751-0323

              (573)
      526-3444 (Fax)

              harry.bozoian@dnr.mo.gov

               

            
	
              FEDERAL
      EXECUTIVE AGENCIES

               

               

               

               

              _____________________________________

              Shayla
      L. McNeill

              Federal
      Executive Agencies

              139
      Barnes Ave, Suite 1

              Tyndall
      AFB, FL 32403

            	
              AG
      PROCESSING, INC., WAL-MART STORES, INC. AND SEDALIA INDUSTRIAL ENERGY
      USERS

               

               

              ________________________________

              Stuart
      W. Conrad MBE #23966

              David
      L. Woodsmall MBE #40747

              3100
      Broadway, Suite 1209

              Kansas
      City, Missouri 64111

              (816)
      753-1122

              (816)756-0373
      (Fax)

              stucon@fcplaw.com

               

            
	
              UNION
      ELECTRIC CO., d/b/a AMERENUE

               

               

               

               

              __________________________________

              James
      B. Lowery, MBE #40503

              Smith
      Lewis, LLP

              111
      South Ninth St., Suite 200

              P.O.
      Box 918

              Columbia
      MO 65205-0918

              (573)
      443-3141

              (573)
      442-6686 (Fax)

              lowery@smithlewis.com

               

            	
              HOSPITAL
      INTERVENORS

               

               

               

               

              ___________________________________

              James
      P. Zakoura

              Smithyman
      & Zakoura, Chartered

              750
      Commerce Plaza II

              7400
      W. 110th
      Street

              Overland
      Park KS 66210-2346

              (913)
      661-9800

              (913)
      661-9863 (Fax)

              zakoura@smizak-law.com

               

               

              16

            


    

    


    DOGWOOD
ENERGY, LLC

    


    


    /s/ Carl
J. Lumley

    __________________________________

    Carl J.
Lumley, #32869

    130 S.
Bemiston, Suite 200

    Clayton,
Missouri 63105

    (314)
725-8788

    (314)
725-8789 (Fax)

    clumley@lawfirmemail.com

    


    


    


    CERTIFICATE OF
SERVICE

    


    I do
hereby certify that a true and correct copy of the foregoing document has been
hand delivered, emailed or mailed, postage prepaid, this 22nd day of May, 2009,
to all counsel of record.

     

    /s/ James M.
Fischer

    James M.
Fischer

    
17