By Marshall Griffin, KWMU
10/9/07 – The Missouri Public Service Commission is investigating whether one of its members broke the law by having a private conversation with a utility executive.
Lyn Appling is one of the commissioners overseeing a request by Kansas City Power and Light to raise its rates by 45 million dollars.
The commission heard testimony Tuesday into allegations that Appling talked privately with a KCP&L vice president about the case during a trip to the company's power plant.
Chairman Jeff Davis says Appling did not attend the hearing.
"I asked him not to be there, because when witnesses are testifying on an issue, we don't let the other witnesses listen in...so it's a matter of standard procedure," Davis said.
Public Counsel Lewis Mills wants Appling to recuse himself from the KCP&L case. But he hasn't so far.
Appling issued a written statement, saying that "no impropriety occurred."
If Appling is found to have broken the law, Governor Matt Blunt could remove him from the Public Service Commission.
A spokesperson for the Governor's Office says there's been no request to take any action.
"I think we just have to, you know, make our decision based on all the facts and the law that's in front of us here in this case, and make a decision based on that," Davis said.