Missouri Revised Statutes
Chapter 386 - Public Service Commission
Section 386.756 - Utilities prohibited from engaging in HVAC services, exceptions, penalty.

Effective - 28 Aug 2003
386.756. Utilities prohibited from engaging in HVAC services, exceptions, penalty. — 1. Except by an affiliate, a utility may not engage in HVAC services, unless otherwise provided in subsection 7 or 8 of this section.
2. No affiliate or utility contractor may use any vehicles, service tools, instruments, employees, or any other utility assets, the cost of which are recoverable in the regulated rates for utility service, to engage in HVAC services unless the utility is compensated for the use of such assets at cost to the utility.
3. A utility may not use or allow any affiliate or utility contractor to use the name of such utility to engage in HVAC services unless the utility, affiliate or utility contractor discloses, in plain view and in bold type on the same page as the name is used on all advertisements or in plain audible language during all solicitations of such services, a disclaimer that states the services provided are not regulated by the public service commission.
4. A utility may not engage in or assist any affiliate or utility contractor in engaging in HVAC services in a manner which subsidizes the activities of such utility, affiliate or utility contractor to the extent of changing the rates or charges for the utility's regulated services above or below the rates or charges that would be in effect if the utility were not engaged in or assisting any affiliate or utility contractor in engaging in such activities.
5. Any affiliates or utility contractors engaged in HVAC services shall maintain accounts, books and records separate and distinct from the utility.
6. The provisions of this section shall apply to any affiliate or utility contractor engaged in HVAC services that is owned, controlled or under common control with a utility providing regulated utility service in this state or any other state.
7. A utility engaging in HVAC services in this state five years prior to August 28, 1998, may continue providing, to existing as well as new customers, the same type of services as those provided by the utility five years prior to August 28, 1998. The provisions of this section only apply to the area of service which the utility was actually supplying service to on a regular basis prior to August 28, 1993. The provisions of this section shall not apply to any subsequently expanded areas of service made by a utility through either existing affiliates or subsidiaries or through affiliates or subsidiaries purchased after August 28, 1993, unless such services were being provided in the expanded area prior to August 28, 1993.
8. The provisions of this section shall not be construed to prohibit a utility from providing emergency service, providing any service required by law or providing a program pursuant to an existing tariff, rule or order of the public service commission.
9. A utility that violates any provision of this section is guilty of a civil offense and may be subject to a civil penalty of up to twelve thousand five hundred dollars for each violation. The attorney general may enforce the provisions of this section pursuant to any powers granted to him or her pursuant to any relevant provisions provided by Missouri statutes or the Missouri Constitution.
10. Any utility claiming an exemption as provided in subsection 7 of this section shall comply with all applicable state and local laws, ordinances or regulations relating to the installation or maintenance of HVAC systems including all permit requirements. A continuing pattern of failure to comply with said requirements shall provide the basis for a finding by any court of competent jurisdiction or the public service commission that the utility has waived its claim of exemption pursuant to subsection 7 of this section.
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(L. 1998 H.B. 1038, A.L. 2003 H.B. 208)

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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.