Effective - 28 Aug 2018, 2 histories
386.390. Complaint, who may make — procedure to hear — service of process, how had — time and place of hearing, how fixed. — 1. Complaint may be made by the commission of its own motion, or by the public counsel or any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization, or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any corporation, person or public utility in violation, or claimed to be in violation, of any provision of law subject to the commission's authority, of any rule promulgated by the commission, of any utility tariff, or of any order or decision of the commission; provided, that no complaint shall be entertained by the commission, except upon its own motion, as to the reasonableness of any rates or charges of any gas, electrical, water, sewer, or telephone corporation, unless the same be signed by the public counsel or the mayor or the president or chairman of the board of aldermen or a majority of the council, commission or other legislative body of any city, town, village or county, within which the alleged violation occurred, or not less than twenty-five consumers or purchasers, or prospective consumers or purchasers, of such gas, electricity, water, sewer or telephone service.
2. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties; and in any review by the courts of orders or decisions of the commission the same rule shall apply with regard to the joinder of causes and parties as herein provided.
3. The commission shall not be required to dismiss any complaint because of the absence of direct damage to the complainant. Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the public utility, corporation or person complained of.
4. Service in all hearings, investigations and proceedings pending before the commission may be made upon any person upon whom summons may be served in accordance with the provisions of the code of civil procedure of this state, and may be made personally or by mailing in a sealed envelope with postage prepaid.
5. The commission shall fix the time when and the place where a hearing will be had upon the complaint and shall serve notice thereof, not less than ten days before the time set for such hearing, unless the commission shall find that the public necessity requires that such hearing be held at an earlier date.
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(RSMo 1939 § 5686, A.L. 1967 p. 578, A.L. 1977 H.B. 42 & 157, A.L. 2018 S.B. 564)
Prior revisions: 1929 § 5230; 1919 § 10518
CROSS REFERENCE:
Nonseverability clause, 393.1675
(1976) File and suspend method of seeking rate increase by utility did not result in denial of due process of law or equal protection to utility consumers. State ex rel. Jackson v. Public Serv. Comm'n (Mo.), 532 S.W.2d 20.
(1976) Sections 386.390 and 393.260 specifically enumerate the parties qualified to file a complaint as to the reasonableness of a utility's rates and charges, and utilities the right to file complaints only on matters other than as to reasonableness of their rates. State ex. rel. Jackson County v. Public Serv. Comm'n (Mo.), 532 S.W.2d 20.
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 386 - Public Service Commission
Section 386.010 - Short title of law.
Section 386.020 - Definitions.
Section 386.030 - Chapter not applicable to interstate commerce.
Section 386.040 - Commission established.
Section 386.050 - Appointment of commissioners — qualifications — tenure.
Section 386.060 - Removal of commissioners.
Section 386.071 - General counsel authorized, qualifications, duties.
Section 386.090 - Secretary to the commission — duties.
Section 386.110 - Oath of office — eligibility of commissioners and officers.
Section 386.125 - Public service commission, rulemaking authority.
Section 386.130 - Organization of commission — quorum — powers of a commissioner.
Section 386.140 - Chairman — his powers.
Section 386.145 - Records destroyed, when.
Section 386.160 - Payment of salaries and expenses.
Section 386.170 - Publications commission, powers.
Section 386.180 - Duties of publications commission.
Section 386.230 - Act as arbitrators.
Section 386.240 - Powers of commission, how exercised.
Section 386.250 - Jurisdiction of commission.
Section 386.260 - Commission to fix units of service.
Section 386.270 - All orders prima facie lawful and reasonable.
Section 386.280 - Orders to be written — recording — effect — utility office, where kept.
Section 386.290 - Certified copies of papers filed to be evidence.
Section 386.300 - Fees authorized — deposited, where, how.
Section 386.320 - General supervision of telegraph and telephone corporations.
Section 386.380 - Reports of commission.
Section 386.400 - Utilities, corporations and persons may file complaint.
Section 386.430 - Burden of proof on adverse party.
Section 386.450 - Inspection of out of state records.
Section 386.460 - Refusal to attend or produce books or papers, guilty of misdemeanor — penalty.
Section 386.470 - Immunity of witnesses to prosecution.
Section 386.480 - Information not to be divulged — exception — penalty.
Section 386.490 - Service and effect of orders.
Section 386.500 - Rehearing before commission.
Section 386.510 - Review by appellate court.
Section 386.515 - Rehearing, procedure.
Section 386.520 - Appeal, pendency of, staying or suspending operation, when.
Section 386.530 - Priority over other civil cases in court actions granted.
Section 386.550 - Orders to be conclusive.
Section 386.560 - Mishandling records — false statements — penalty — order provisions.
Section 386.570 - Violation of orders — penalty — act of employee declared act of public utility.
Section 386.580 - Employee of public utility guilty of misdemeanor, when.
Section 386.590 - Penalties cumulative.
Section 386.600 - Actions to recover penalties or forfeitures.
Section 386.610 - Substantial compliance with requirements of this chapter sufficient.
Section 386.700 - Public counsel authorized — qualifications — compensation, how fixed.
Section 386.710 - Powers of public counsel.
Section 386.754 - Definitions.
Section 386.756 - Utilities prohibited from engaging in HVAC services, exceptions, penalty.
Section 386.762 - Authority of public service commission.