Articles Posted in Supreme Court of Missouri

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At issue was whether consent is required from would-be affected counties before the Missouri Public Service Commission can issue a line certificate of convenience and necessity (CCN) pursuant to the statute governing line CCNs, Mo. Rev. Stat. 393.170.1. Grain Belt Express Clean Line, LLC filed an application for a line CCN with the Commission seeking the Commission’s approval of Grain Belt’s proposed construction of an interstate electrical transmission line and associated facilities. The Commission denied the application for a line CCN, concluding that it was bound by In re Ameren Transmission Co. of Illinois (ATXI), 523 S.W.3d 21 (Mo. App. 2017), which purported to require prior consent from each county affected by the proposed construction. The Supreme Court reversed the Commission’s order, holding (1) the Commission’s reliance on ATXI was error because section 393.170.1 does not require prior consent from affected counties; and (2) to the extent that ATXI suggests consent from every would-be affected county is required before the Commission can grant a line CCN, it should not be followed. View "Grain Belt Express Clean Line, LLC v. Public Service Commission" on Justia Law

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The Supreme Court vacated the decision of the Missouri Public Service Commission determining that the term “methodology” as used in Rule 20.093(1)(F) means not only the formula used to compute a sum (i.e., the variables to be used) but also the values of those variables. Staff of the Commission filed a complaint alleging that Union Electric Co. (Ameren) violated a rule of the Commission when it failed to use certain 2014 data to calculate Ameren’s net shared benefits under an energy-efficiency plan approved by the Commission in 2012. The Commission granted Staff’s motion for summary determination. Ameren appealed. The Supreme Court vacated the decision of the Commission, holding because the Commission’s erroneous determination of the meaning of term “methodology” played a central role in its decision, the matter must be remanded to the Commission for further proceedings. View "Missouri Public Service Commission v. Union Electric Co." on Justia Law

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Missouri American Water Company (MAWC) filed a petition to charge an infrastructure system replacement surcharge to its St. Louis County customers. The Public Service Commission (PSC) approved the petition. The Office of the Public Counsel appealed, arguing that the PSC lacked the authority to grant the petition because St. Louis County did not meet Mo. Rev. Stat. 393.1000-393.1006’s threshold population requirement at the time PSC approved the surcharge. The Office of the Public Counsel appealed. While the appeal was pending, MAWC and PSC reached an agreement establishing a new rate base that incorporated the costs of the MAWC projects for all then-existing surcharges. The Supreme Court dismissed this case as moot, holding (1) because the surcharge is no longer in effect and no effective relief may be granted, the issue as to whether MAWC can utilize the surcharge provisions of section 393.1003 is moot; and (2) the issues presented on appeal did not meet the requirements for an exception to the mootness doctrine. View "In re Petition of Missouri-American Water Company for Approval to Change its Infrastructure System Replacement Surcharge" on Justia Law