Missouri Revised Statutes
Chapter 386 - Public Service Commission
Section 386.520 - Appeal, pendency of, staying or suspending operation, when.

Effective - 01 Jul 2011
386.520. Appeal, pendency of, staying or suspending operation, when. — 1. The pendency of an appeal under section 386.510 shall not of itself stay or suspend the operation of the order or decision of the commission, but with respect to commission orders or decisions issued on and after July 1, 2011, that do not involve the establishment of new rates and charges for a public utility, the appellate court may in its discretion, or upon the recommendation of a special master appointed for such purpose, and after the posting of an appropriate appeal bond, stay or suspend the operation of the order or decision of the commission, in whole or in part, if in its discretion it determines that great or irreparable damage would otherwise result to the appellant.
2. With respect to orders or decisions issued on and after July 1, 2011, that involve the establishment of new rates or charges for public utilities that are not classified as price-cap or competitive companies, there shall be no stay or suspension of the commission's order or decision, however:
(1) In the event a final and unappealable judicial decision determines that a commission order or decision unlawfully or unreasonably decided an issue or issues in a manner affecting rates, then the court shall instruct the commission to provide temporary rate adjustments and, if new rates and charges have not been approved by the commission before the judicial decision becomes final and unappealable, prospective rate adjustments. Such adjustments shall be calculated based on the record evidence in the proceeding under review and the information contained in the reconciliation and billing determinants provided by the commission under subsection 4 of section 386.420 and in accordance with the procedures set forth in subdivisions (2) to (5) of this subsection;
(2) If the effect of the unlawful or unreasonable commission decision issued on or after July 1, 2011, was to increase the public utility's rates and charges in excess of what the public utility would have received had the commission not erred or to decrease the public utility's rates and charges in a lesser amount than would have occurred had the commission not erred, then the commission shall be instructed on remand to approve temporary rate adjustments designed to flow through to the public utility's then-existing customers the excess amounts that were collected by the utility plus interest at the higher of the prime bank lending rate minus two percentage points or zero. Such amounts shall be calculated for the period commencing with the date the rate increase or decrease took effect until the earlier of the date when new rates and charges consistent with the court's opinion became effective or when new rates or charges otherwise approved by the commission as a result of a general rate case filing or complaint became effective. Such amounts shall then be reflected as a rate adjustment over a like period of time. The commission shall issue its order on remand within sixty days unless the commission determines that additional time is necessary to properly calculate the temporary or any prospective rate adjustment, in which case the commission shall issue its order within one hundred * twenty days;
(3) If the effect of the unlawful or unreasonable commission decision was to increase the public utility's rates and charges by a lesser amount than what the public utility would have received had the commission not erred or to decrease the public utility's rates and charges in a greater amount than would have occurred had the commission not erred, then the commission shall be instructed on remand to approve temporary rate adjustments designed to allow the public utility to recover from its then-existing customers the amounts it should have collected plus interest at the higher of the prime bank lending rate minus two percentage points or zero. Such amounts shall be calculated for the period commencing with the date the rate increase or decrease took effect until the earlier of the date when new permanent rates and charges consistent with the court's opinion became effective or when new permanent rates or charges otherwise approved by the commission as a result of a general rate case filing or complaint became effective. Such amounts shall then be reflected as a rate adjustment over a like period of time. The commission shall issue its order on remand within sixty days unless the commission determines that additional time is necessary to properly calculate the temporary or any prospective rate adjustment, in which case the commission shall issue its order within one hundred * twenty days;
(4) If the effect of the unlawful or unreasonable commission decision was to allocate too much of a rate increase or too little of a rate decrease to a customer class or classes, then the commission shall be instructed on remand to approve temporary rate adjustments for each customer class as necessary to ensure that each customer class is charged the amounts that would have been charged had the commission not erred. Such amounts shall be calculated for the period commencing with the date the rate increase or decrease took effect until the earlier of the date when new rates and charges consistent with the court's opinion became effective or when new rates or charges otherwise approved by the commission as a result of a general rate case filing or complaint became effective. Such amounts shall then be reflected as a rate adjustment over a like period of time. The commission shall issue its order on remand within sixty days unless the commission determines that additional time is necessary to properly calculate the temporary or any prospective rate adjustment, in which case the commission shall issue its order within one hundred * twenty days;
(5) On and after July 1, 2011, no action affecting the public utility's collection of rates and charges shall be taken in cases where the court cannot make a determination on the merits because the commission failed to include adequate findings of fact to support the commission's decision or failed to receive evidence properly proffered, provided that the commission shall provide such findings of fact or otherwise issue a new order within ninety days of the date of the court's mandate. If such new order is appealed, the period for measuring amounts subject to temporary rate adjustments process set forth in subdivisions (1) to (4) of this subsection shall commence beginning with the date the rate increase or decrease took effect.
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(RSMo 1939 § 5691, A. 1949 H.B. 2099, A.L. 2011 S.B. 48)
Prior revisions: 1929 § 5235; 1919 § 10523
Effective 7-01-11
*Word "and" appears here in original rolls.
CROSS REFERENCE:
Unclaimed deposits in court to escheat to state, Chap. 470

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Structure Missouri Revised Statutes

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 386.120 - Office of commission, hours — meetings — official seal — equipment, supplies — commissioners to reside where — service upon commission, what constitutes, how made.

Section 386.125 - Public service commission, rulemaking authority.

Section 386.130 - Organization of commission — quorum — powers of a commissioner.

Section 386.135 - Independent technical staff for commission authorized, qualifications — personal advisors permitted — corresponding elimination of positions required — duties of technical staff.

Section 386.140 - Chairman — his powers.

Section 386.145 - Records destroyed, when.

Section 386.150 - Commissioner's compensation — other employees' compensation, how fixed — reimbursement of expenses, when.

Section 386.160 - Payment of salaries and expenses.

Section 386.170 - Publications commission, powers.

Section 386.180 - Duties of publications commission.

Section 386.190 - Member of publications commission, compensation — report to governor on certain federal actions, when — compensation for extra duties.

Section 386.200 - Conflicts of interest by commissioner or employees of commission prohibited — penalty for violation — violation by utility, penalty — violation by officer of utility, penalty.

Section 386.210 - Conferences, limitation on communications — cooperative agreements, investigations authorized — funds may be received and distributed, how — regulatory and judicial proceedings, intervening permitted.

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 386.266 - Rate schedules for interim energy charges or periodic rate adjustment — application for approval, procedure — adjustment mechanisms — rulemaking authority — task force to be appointed — surveillance monitoring, requirements.

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 386.310 - Safety and health of public and employees — promulgation of rules — territorial rights, rules.

Section 386.315 - Commission shall not change terms of employment subject to collective bargaining or certain accounting standards — use of accounting standard by utility, requirements — tariff filing allowed, conditions — examination of tariffs, rev...

Section 386.320 - General supervision of telegraph and telephone corporations.

Section 386.330 - Investigatory power of commission, exception, telephone yellow page listings — complaint by public, how made — final order to be made, when.

Section 386.360 - Commission to investigate mandamus or injunctive actions, when — hearings, when held — parties, when joined — form of final judgment.

Section 386.370 - Estimate of expenses — assessments against utilities — public service commission fund — statement on gross intrastate operating revenues.

Section 386.371 - Taxes and costs paid by public utility on reclassification of personal property to real property, recoverable in service rates, when — commission's duties.

Section 386.380 - Reports of commission.

Section 386.390 - Complaint, who may make — procedure to hear — service of process, how had — time and place of hearing, how fixed.

Section 386.400 - Utilities, corporations and persons may file complaint.

Section 386.410 - Commission to adopt rules of procedure, technical rules of evidence not to apply — proceedings to be informal.

Section 386.420 - Persons entitled to be heard — commission to make report, when — depositions authorized — may enforce attendance at hearings — record of proceedings to be kept — detailed reconciliation required, when.

Section 386.430 - Burden of proof on adverse party.

Section 386.440 - Subpoenas, how issued — witness fees, how paid — subpoena service costs, how paid — certified copies of public records to be furnished to commission.

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 386.540 - Appeals from appellate court — transcript and exhibits — precedence over other civil cases.

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 386.572 - Natural gas safety standards, gas plants not to violate — maximum penalties for violations, how determined.

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 386.760 - Public service commission to administer and ensure compliance — promulgation of rules.

Section 386.762 - Authority of public service commission.

Section 386.764 - Construction of certain statutes.

Section 386.800 - Municipally owned electrical supplier, services outside boundaries prohibited, exceptions — annexation — negotiations, territorial agreements, regulations, procedure — fair and reasonable compensation defined — assignment of sole se...

Section 386.805 - Electric vehicle charging station considered an addition or expansion of existing structure, when.

Section 386.885 - Task force on distributed energy resources and net metering established — members — report — meetings — study — expiration.

Section 386.890 - Citation of law — definitions — retail electric suppliers, duties — metering equipment requirements — electrical energy generation units, calculation, requirements — report — rules — liability for damages.

Section 386.895 - Voluntary program authorized — definitions — rules — filing, contents — automatic rate adjustment, when — report, contents — rulemaking authority — sunset provision.