PUBLIC SERVICE COMMISSION
At a session of the Public Service Commission held at its office in Jefferson City on the 14th day of August, 2013.
In the Matter of the Application of The )
Cathedral Square Corporation, a Missouri )
Non-Profit Corporation, for a Variance from ) File No. EO-2012-0141
Kansas City Power & Light Company’s )
General Rules and Regulations Requiring )
Individual Metering )
Issue Date: August 14, 2013 Effective Date: September 13, 2013
On November 4, 2011, The Cathedral Square Corporation (“CSC”) filed the above‑referenced application for variance. The Staff of the Commission (“Staff”) recommended the Commission grant the variance. But Kansas City Power & Light Company (“KCP&L”) opposed the variance. The Commission then set the case for hearing.
On July 25, 2013, CSC, Staff and KCP&L filed a Stipulation and Agreement (“Stipulation”). The Stipulation states that KCP&L and CSC agree to request that the Commission order KCP&L to change its tariff to allow the Commission to grant a variance so that KCP&L may serve CSC through a master meter rather than individual meters for each unit. Further, KCP&L and CSC agree that the Commission should grant CSC such a variance after KCP&L’s tariff is so changed. Finally, the parties agree on which party is responsible for which costs to convert CSC to a master meter.
A nonunanimous stipulation and agreement is any stipulation and agreement which is entered into by fewer than all of the parties. Because the Office of the Public Counsel did not enter into the Stipulation, it is nonunanimous. Parties have seven days to object to a nonunanimous stipulation and agreement. OPC did not object to the Stipulation. Failure to file a timely objection allows the Commission to treat a nonunanimous stipulation and agreement as a unanimous stipulation and agreement.
The Commission has reviewed the Stipulation and Agreement. The Commission finds that it should be approved. After the pertinent tariff provision is amended and effective, the Commission will grant CSC a variance in a separate order.
THE COMMISSION ORDERS THAT:
1. The Stipulation and Agreement is approved.
2. The signatories of the Stipulation and Agreement shall comply with its terms.
3. Kansas City Power & Light Company shall change Rule 5.01 of KCP&L Tariff Sheet No. 1.18 as agreed to in the Stipulation and Agreement, Request to Commission to Grant Variance, Paragraph 1(a). Kansas City Power & Light Company shall file that tariff change in this file.
4. This order shall become effective on September 13, 2013.
5. This file shall be closed on September 14, 2013.
BY THE COMMISSION
Morris L. Woodruff
R. Kenney, Chm., Jarrett, Stoll,
and W. Kenney, CC., concur.
Pridgin, Senior Regulatory Law Judge