Missouri Revised Statutes
Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies
Section 393.1009 - Definitions.

Effective - 28 Aug 2020, 2 histories
393.1009. Definitions. — As used in sections 393.1009 to 393.1015, the following terms mean:
(1) "Appropriate pretax revenues", the revenues necessary to produce net operating income equal to:
(a) The gas corporation's weighted cost of capital multiplied by the net original cost of eligible infrastructure system replacements, including recognition of accumulated deferred income taxes and accumulated depreciation associated with eligible infrastructure system replacements which are included in a currently effective ISRS; and
(b) Recover state, federal, and local income or excise taxes applicable to such income; and
(c) Recover all other ISRS costs;
(2) "Commission", the Missouri public service commission;
(3) "Eligible infrastructure system replacements", gas utility plant projects that:
(a) Do not increase revenues by directly connecting the infrastructure replacement to new customers;
(b) Are in service and used and useful;
(c) Were not included in the gas corporation's rate base in its most recent general rate case; and
(d) Replace or extend the useful life of an existing infrastructure;
(4) "Gas corporation", every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling, or managing any gas plant operating for public use under privilege, license, or franchise now or hereafter granted by the state or any political subdivision, county, or municipality thereof as defined in section 386.020;
(5) "Gas utility plant projects" shall consist only of the following:
(a) Mains, valves, service lines, regulator stations, vaults, and other pipeline system components installed to comply with state or federal safety requirements as replacements for existing facilities that have worn out or are in deteriorated condition or that can no longer be installed under currently applicable safety requirements or any cast iron or steel facilities including any connected or associated facilities that, regardless of their material, age, or condition, are replaced as part of a qualifying replacement project in a manner that adds no incremental cost to a project compared to tying into or reusing existing facilities;
(b) Main relining projects, service line insertion projects, joint encapsulation projects, and other similar projects extending the useful life or enhancing the integrity of pipeline system components undertaken to comply with state or federal safety requirements; and
(c) Facilities relocations required due to construction or improvement of a highway, road, street, public way, or other public work by or on behalf of the United States, this state, a political subdivision of this state, or another entity having the power of eminent domain provided that the costs related to such projects have not been reimbursed to the gas corporation;
(6) "ISRS", infrastructure system replacement surcharge;
(7) "ISRS costs", depreciation expense and property taxes that will be due within twelve months of the ISRS filing associated with eligible system replacements less annual depreciation expenses and property taxes associated with any related facility retirements;
(8) "ISRS revenues", revenues produced through an ISRS exclusive of revenues from all other rates and charges.
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(L. 2003 H.B. 208, A.L. 2020 H.B. 2120)
Expires 8-28-29

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXV - Incorporation and Regulation of Certain Utilities and Carriers

Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies

Section 393.010 - Corporations supplying gas, electricity or water — powers.

Section 393.015 - Sewer company may contract with water company to terminate water services for nonpayment of sewer bill — procedure — immunity — costs, reimbursement.

Section 393.016 - Termination of water service for nonpayment of sewer bill, when — immunity from civil liability — procedure to establish agreement, contents of agreement — exceptions.

Section 393.020 - Authorizing laying of underground water mains — power of eminent domain.

Section 393.025 - Sewer corporation may exercise eminent domain, how — sewer lines along or across public roads, how built and maintained — consent of municipality required, when.

Section 393.030 - Right to take water from nonnavigable stream and erect dam — purposes for which company may condemn land.

Section 393.040 - Filing of petition, issuance of summons, and notice of hearing — notice by publication, when.

Section 393.050 - Court shall appoint three commissioners to assess damages — payment of damages.

Section 393.060 - Number of owners may be joined in one petition.

Section 393.070 - Clerk of court shall give notice of petitions.

Section 393.080 - Cost of proceeding — how paid.

Section 393.090 - Corporation not authorized to enter or appropriate certain buildings.

Section 393.100 - Concerning the appropriation of property held by another corporation.

Section 393.105 - Rules against restraints on alienation and against perpetuities not to apply, when.

Section 393.106 - Definitions — electric power suppliers exclusive right to serve structures, exception — change of suppliers, procedure — purchase of auxillary power — permanent service supplied to nonrural area, when.

Section 393.108 - Hot weather rule, discontinuance of service prohibited, when.

Section 393.110 - Application of sections 393.110 to 393.285 — public service commission not to have jurisdiction over certain electrical corporations.

Section 393.120 - Definition of terms.

Section 393.130 - Safe and adequate service — charges — certain home rule cities, interest accrual, when.

Section 393.135 - Charges based on nonoperational property of electrical corporation prohibited.

Section 393.136 - Retroactive operation prohibited.

Section 393.137 - Electrical corporation rate adjustment, one time — definitions — when, how calculated — alternative deferral, when, how calculated.

Section 393.140 - General powers of commission in respect to gas, water, electricity and sewer services.

Section 393.145 - Certain utility may be placed under control of receiver — commission determination, procedure — appointment of receiver, bond.

Section 393.146 - Acquisition of small water or sewer corporation by capable public utility, when — definitions — alternatives to be discussed, factors to consider — price for acquisition, how determined — plan for improvements required — rate case p...

Section 393.147 - Loan programs, certain sewer and water corporations — authorized when, how.

Section 393.150 - Commission may fix rates after hearing — stay increase — burden of proof.

Section 393.152 - Delinquency in payment, deposit or guarantee to continue service prohibited, when — inapplicability.

Section 393.155 - Electric corporation's rates, increase in, phase-in of, when, how — powers of commission.

Section 393.160 - Inspection of gas, water and electric meters.

Section 393.170 - Approval of incorporation and franchises — certificate.

Section 393.175 - Designation as sole regional or watershed supplier, application — preferences — pricing of services.

Section 393.180 - Right to issue stocks, bonds, notes subject to regulation.

Section 393.190 - Transfer of franchise or property to be approved, procedure — impact of transfer on local tax revenues, information on to be furnished, to whom, procedure.

Section 393.200 - Approval of issues of stocks, bonds and other forms of indebtedness.

Section 393.210 - Certificate of commission to be recorded — stock dividend prohibited.

Section 393.220 - Account for disposition of proceeds — issue void, when, exception — penalties — state not liable.

Section 393.230 - Power of commission to ascertain valuation of property of gas, electrical, water and sewer corporations.

Section 393.240 - Power of commission to require depreciation account of gas, electrical, water and sewer corporations.

Section 393.250 - Reorganizations of gas, electrical, water and sewer corporations.

Section 393.260 - Complaints as to quality and price of gas, water, electricity and sewer service — investigation by commission — form of complaints.

Section 393.270 - Notice and hearing — order fixing price of gas, water, electricity or sewer service, or requiring improvement.

Section 393.275 - Commission to notify cities and counties of tariff increases, when, contents of notice — reduction of license tax, when — exception, procedure — to maintain.

Section 393.280 - Defense in case of excessive charges for gas, water, electricity or sewer service.

Section 393.290 - Powers of commission relating to other utilities made applicable to heating companies.

Section 393.291 - Steam heating companies, may file under small company rate procedures, when.

Section 393.292 - Nuclear power plant decommissioning, expense of, rate increase allowed, when, how.

Section 393.297 - Purpose of sections 393.298 to 393.302.

Section 393.298 - Definitions.

Section 393.299 - Provision of energy services, limitations, exceptions — agreements with commission to pay business license taxes — nonseverability clause.

Section 393.300 - Customer bills in Braille or bold-faced type on request.

Section 393.301 - Challenging the validity of an agreement, notification — invalidity of section 393.299, effect.

Section 393.302 - Tax on energy consumption, ordinance imposing tax, ballot measure required.

Section 393.310 - Certain gas corporations to file set of experimental tariffs with PSC, minimum requirements — extension of tariffs.

Section 393.320 - Acquisition of small water utilities, establishment of ratemaking rate base, procedure.

Section 393.355 - Special rate for electrical corporations authorized, when — net margin tracking mechanism — lower rate for facility, when, duration.

Section 393.356 - No modification or elimination of special rate under section 393.355.

Section 393.358 - Planned infrastructure projects, qualification process for contractors — definitions — requirements — report to general assembly.

Section 393.400 - Regulatory asset or liability accounts — corporations to defer portion of local property taxes to account, how calculated — rate base adjustment, when.

Section 393.410 - Definitions.

Section 393.420 - Acquisition of right to use storage reservoir under publicly owned lands.

Section 393.430 - Gas storage company may exercise eminent domain — purposes — procedure.

Section 393.440 - Powers not to be exercised until approved by public service commission.

Section 393.450 - Buildings not to be condemned.

Section 393.460 - Strata and formations not subject to condemnation.

Section 393.470 - Limitation on condemnation of property held for public uses.

Section 393.480 - Law not to restrict other powers of eminent domain.

Section 393.490 - Rights of owner of land in condemned strata.

Section 393.500 - Gas in underground storage personal property.

Section 393.510 - Limitations to begin, when — cause deemed to accrue, when.

Section 393.550 - Definitions.

Section 393.553 - Written demand, notice, contents, refusal of access deemed denial of access, when.

Section 393.555 - Denial of access, filing of affidavit, contents — initial access order, procedure, becomes final order of access, when.

Section 393.557 - Final order of access, exception — bond, amount — hearing.

Section 393.559 - Access, with sheriff, expenses of sheriff.

Section 393.561 - Damages awarded to utility customer, when — costs, court to determine who pays.

Section 393.563 - Other rights of access, not affected.

Section 393.565 - Appeals, customer must give bond.

Section 393.700 - Short title.

Section 393.705 - Definitions.

Section 393.710 - Municipalities, public water supply districts and sewer districts may form commission — purposes — contents of contract — board of directors.

Section 393.715 - Powers of commission — purchase of private water utility serving outside municipal limits, effect — successorship, continued and new service authorized, when.

Section 393.720 - Commissions to be bodies public and corporate.

Section 393.725 - Bonds issued to be revenue bonds only — form of bonds.

Section 393.730 - Requirements of resolution authorizing bonds.

Section 393.735 - Additional security for bonds issued may be given, how.

Section 393.740 - Certain taxes applicable.

Section 393.745 - Refunding bonds may be issued.

Section 393.750 - Bonds legal investments for enumerated purposes.

Section 393.755 - Bonds may be repurchased.

Section 393.760 - Election on issuance of bonds — required actions — notice — conduct of election — form of ballot — alternative voting procedures.

Section 393.770 - Purchase agreements authorized — terms — not to constitute debt.

Section 393.825 - Nonprofit sewer companies, who may organize — articles of incorporation, contents, submission to secretary of state.

Section 393.827 - Conversion of wastewater disposal or treatment corporation to nonprofit sewer company, requirements for conversion — term "articles of incorporation" includes articles of conversion.

Section 393.829 - Powers.

Section 393.831 - Articles of incorporation, amendment requirements.

Section 393.833 - Principal office, change of, procedure.

Section 393.835 - Articles of incorporation, amendment, consolidation, merger, conversion or dissolution — filing — duties of secretary of state.

Section 393.837 - Securities law of Missouri not to apply, when.

Section 393.839 - Membership — meetings, annual, special — quorum — voting.

Section 393.841 - Voting districts may be provided, when, procedure.

Section 393.843 - Board of directors, powers and duties.

Section 393.845 - Officers, annual election, removal from office — employees and agents.

Section 393.847 - Department of natural resources, jurisdiction, supervision, powers and duties — public service commission jurisdiction, limitations.

Section 393.849 - Excess revenues.

Section 393.851 - Prepayment of debt not prohibited.

Section 393.853 - Voluntary dissolution, articles, contents, submission to secretary of state.

Section 393.855 - Voluntary dissolution, procedure for winding up affairs.

Section 393.857 - Construction of laws relating to nonprofit sewer companies.

Section 393.861 - Private property of members exempt from execution for debts of company.

Section 393.900 - Nonprofit water companies may be organized — articles of incorporation.

Section 393.903 - Corporations may convert to nonprofit water companies, how.

Section 393.906 - Powers and duties.

Section 393.909 - May amend articles of incorporation, how.

Section 393.912 - Change of principal office, how.

Section 393.915 - Certain articles to be filed with secretary of state and shall take effect upon being filed by secretary of state.

Section 393.918 - Securities law not to apply, when.

Section 393.921 - Members must use services of nonprofit water company if available — membership not transferable, exception — meetings, how called, notice, procedure.

Section 393.924 - Company territory may be divided into voting districts.

Section 393.927 - Board of directors, powers, duties, number, terms of office, procedure.

Section 393.930 - Officers, qualifications, powers and duties, terms of office.

Section 393.933 - Compliance with department of natural resources and other laws — public service commission not to have jurisdiction.

Section 393.936 - Revenues to be distributed, when.

Section 393.939 - Prepayment of indebtedness permitted.

Section 393.942 - Voluntary dissolution before commencing operations.

Section 393.945 - Voluntary dissolution and windup of affairs after commencing operations.

Section 393.948 - Nonprofit water company law construed liberally, may elect to follow certain corporate laws in articles of incorporation.

Section 393.951 - Private property of members exempt from execution — members not liable for debts of company.

Section 393.954 - Claims against insured nonprofit water company after dissolution, procedure.

Section 393.1000 - Definitions.

Section 393.1003 - Rate schedules, procedures to establish or change (St. Louis County).

Section 393.1006 - Documentation to be submitted — notice to be published — examination of proposal — authorization of commission, when — pretax revenues, factors to be considered — revised rate schedule, filed when — rulemaking authority.

Section 393.1009 - Definitions.

Section 393.1012 - Rate schedules, procedures to establish or change — prequalification process, requirements — report to general assembly.

Section 393.1015 - Documentation to be submitted — notice to be published — examination of proposal — authorization by commission, when — pretax revenues, factors to be considered — revised rate schedule, filed when — rulemaking authority — expiratio...

Section 393.1020 - Citation of law.

Section 393.1025 - Definitions.

Section 393.1030 - Electric utilities, portfolio requirements — tracking requirements — rebate offers — certification of electricity generated — rulemaking authority.

Section 393.1040 - Encouragement of reduced consumption, objective of act.

Section 393.1045 - Cap on increase in retail charges based on renewable mandates.

Section 393.1050 - Electrical corporations achieving certain level of renewable energy technology nameplate capacity exempt from certain fees and rebates.

Section 393.1072 - Task force established — members, duties — report, contents — meetings — expiration.

Section 393.1075 - Citation of law — definitions — policy to value demand-side investments equal to traditional investments — development of cost recovery mechanisms — costs not to be assigned to customers, when — rulemaking authority — annual report...

Section 393.1150 - Suit or claim brought, measure of damages.

Section 393.1400 - Deferral of depreciation to regulatory asset — definitions — return for qualifying electric plant recorded to plant-in-service on utility's books — regulatory asset balances — requirements — grid modernization projects — expiration...

Section 393.1500 - Citation of law.

Section 393.1503 - Definitions.

Section 393.1506 - Establishment of or change to WSIRA for recovery of appropriate pretax revenues, when, procedure.

Section 393.1509 - Filing of WSIRA petition, procedure — pretax revenues, considerations — calculation of WSIRA — revised schedule, when — commission authority — expiration date.

Section 393.1610 - Small scale and private innovative technology investments — definitions.

Section 393.1620 - Average and excess method, allocation of costs — limitation on commission consideration for general rates — expiration date.

Section 393.1640 - Growth project, discounts, when — requirements — discounts expire, when.

Section 393.1650 - Construction-related services, contractor qualification process — definitions — requirements — report.

Section 393.1655 - Rate modifications, limitations on — definitions.

Section 393.1656 - Electric corporation base rates — regulatory asset balance inclusion, impact cap, effect on — excess amount not included in rate base — definitions.

Section 393.1665 - Utility-owned solar facilities in Missouri, investment in, when — expiration date.

Section 393.1670 - Solar rebates, amount — limitations — recovery of costs — rulemaking authority — definitions — expiration date.

Section 393.1675 - Nonseverability clause.

Section 393.1700 - Securitized utility tariff bonds, financing order for energy transition costs — definitions — petition, contents, procedure — order issued, contents — requirements — severability clause.

Section 393.1705 - Replacement resources investment — petition, approval, amount — base determination — deferrals — petition procedure.

Section 393.1715 - Retirement of generating facilities, ratemaking principles and treatment as applied to base rates, retirement date, useful life, and depreciation — procedure — monitoring — coal-fixed generating assets in rate base — rulemaking aut...