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Revised Statutes of Missouri

Chapter 393

Mo. Rev. Stat. ch. 393

Gas, Electric, Water, Heating and Sewer Companies

393.010Corporations supplying gas, electricity or water — powers 393.015Sewer company may contract with water company to terminate water services for nonpayment of sewer bill — procedure — immunity — costs, reimbursement 393.016Termination of water service for nonpayment of sewer bill, when — immunity from civil liability — procedure to establish agreement, contents of agreement — exceptions 393.020Authorizing laying of underground water mains — power of eminent domain 393.025Sewer corporation may exercise eminent domain, how — sewer lines along or across public roads, how built and maintained — consent of municipality required, when 393.030Right to take water from nonnavigable stream and erect dam — purposes for which company may condemn land 393.040Filing of petition, issuance of summons, and notice of hearing — notice by publication, when 393.050Court shall appoint three commissioners to assess damages — payment of damages 393.060Number of owners may be joined in one petition 393.070Clerk of court shall give notice of petitions 393.080Cost of proceeding — how paid 393.090Corporation not authorized to enter or appropriate certain buildings 393.100Concerning the appropriation of property held by another corporation 393.1000Definitions 393.1003Rate schedules, procedures to establish or change (St. Louis County)393.1006Documentation 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 393.1009Definitions 393.1012Rate schedules, procedures to establish or change — prequalification process, requirements — report to general assembly 393.1015Documentation 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 — expiration date 393.1020Citation of law 393.1025Definitions 393.1030Electric utilities, portfolio requirements — tracking requirements — rebate offers — certification of electricity generated — rulemaking authority 393.1035(Repealed L. 2008 by Initiative, Proposition C, November 4, 2008)Repealed 393.1040Encouragement of reduced consumption, objective of act 393.1045Cap on increase in retail charges based on renewable mandates 393.105Rules against restraints on alienation and against perpetuities not to apply, when 393.1050Electrical corporations achieving certain level of renewable energy technology nameplate capacity exempt from certain fees and rebates 393.106Definitions — electric power suppliers exclusive right to serve structures, exception — change of suppliers, procedure — purchase of auxillary power — permanent service supplied to nonrural area, when 393.1072Task force established — members, duties — report, contents — meetings — expiration 393.1073(Repealed L. 2021 H.B. 734)Repealed 393.1075Citation 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 — certain charges to appear on bill 393.108Hot weather rule, discontinuance of service prohibited, when 393.1080Capacity obligation documentation — audits, when — failure to have sufficient capacity — definitions 393.109Cold weather rule, discontinuance of services prohibited, when 393.110Application of sections 393.110 to 393.285 — public service commission not to have jurisdiction over certain electrical corporations 393.1150Suit or claim brought, measure of damages 393.120Definition of terms 393.130Safe and adequate service — charges — certain home rule cities, interest accrual, when — service tariff schedules, when 393.135Charges based on nonoperational property of electrical corporation prohibited — exceptions, expiration 393.136Retroactive operation prohibited 393.137Electrical corporation rate adjustment, one time — definitions — when, how calculated — alternative deferral, when, how calculated 393.138One-time rate adjustment for electrical corporations, when — procedure 393.140General powers of commission in respect to gas, water, electricity and sewer services 393.1400Deferral 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 date 393.145Certain utility may be placed under control of receiver — commission determination, procedure — appointment of receiver, bond 393.146Acquisition 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 procedure to be used — rulemaking authority 393.147Loan programs, certain sewer and water corporations — authorized when, how 393.150Commission may fix rates after hearing — stay increase — burden of proof — test year, procedure 393.1500Citation of law 393.1503Definitions 393.1506Establishment of or change to WSIRA for recovery of appropriate pretax revenues, when, procedure 393.1509Filing of WSIRA petition, procedure — pretax revenues, considerations — calculation of WSIRA — revised schedule, when — commission authority — expiration date 393.152Delinquency in payment, deposit or guarantee to continue service prohibited, when — inapplicability 393.155Electric corporation's rates, increase in, phase-in of, when, how — powers of commission 393.160Inspection of gas, water and electric meters 393.1610Small scale and private innovative technology investments — definitions 393.1620Average and excess method, allocation of costs — limitation on commission consideration for general rates — expiration date 393.1640Growth project, discounts, when — requirements — discounts expire, when 393.1645Gas corporation accounts — eligibility for discounts, when — procedure 393.1650Construction-related services, contractor qualification process — definitions — requirements — report 393.1655Rate modifications, limitations on — definitions 393.1656Electric corporation base rates — regulatory asset balance inclusion, impact cap, effect on — excess amount not included in rate base — definitions 393.1665Utility-owned solar facilities in Missouri, investment in, when — expiration date 393.1670Solar rebates, amount — limitations — recovery of costs — rulemaking authority — definitions — expiration date 393.1675Nonseverability clause 393.1680Special alternative residential customer rate, when 393.170Approval of incorporation and franchises — certificate 393.1700Securitized utility tariff bonds, financing order for energy transition costs — definitions — petition, contents, procedure — order issued, contents — requirements — severability clause 393.1705Replacement resources investment — petition, approval, amount — base determination — deferrals — petition procedure 393.171(Repealed L. 2014 H.B. 1298 Revision § A)Repealed 393.1715Retirement 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 authority 393.175Designation as sole regional or watershed supplier, application — preferences — pricing of services 393.180Right to issue stocks, bonds, notes subject to regulation 393.190Transfer of franchise or property to be approved, procedure — impact of transfer on local tax revenues, information on to be furnished, to whom, procedure 393.1900Resource planning — commission duties — schedule to file plans, contents — report — commission approval, procedure — rulemaking — definitions 393.200Approval of issues of stocks, bonds and other forms of indebtedness 393.210Certificate of commission to be recorded — stock dividend prohibited 393.220Account for disposition of proceeds — issue void, when, exception — penalties — state not liable 393.230Power of commission to ascertain valuation of property of gas, electrical, water and sewer corporations 393.240Power of commission to require depreciation account of gas, electrical, water and sewer corporations 393.250Reorganizations of gas, electrical, water and sewer corporations 393.260Complaints as to quality and price of gas, water, electricity and sewer service — investigation by commission — form of complaints 393.270Notice and hearing — order fixing price of gas, water, electricity or sewer service, or requiring improvement 393.275Commission to notify cities and counties of tariff increases, when, contents of notice — reduction of license tax, when — exception, procedure — to maintain 393.280Defense in case of excessive charges for gas, water, electricity or sewer service 393.285(Repealed L. 1999 H.B. 145 § A)Repealed 393.290Powers of commission relating to other utilities made applicable to heating companies 393.291Steam heating companies, may file under small company rate procedures, when 393.292Nuclear power plant decommissioning, expense of, rate increase allowed, when, how 393.295(Repealed L. 2002 H.B. 1402 § A)Repealed 393.297Purpose of sections 393.298 to 393.302 393.298Definitions 393.299Provision of energy services, limitations, exceptions — agreements with commission to pay business license taxes — nonseverability clause 393.300Customer bills in Braille or bold-faced type on request 393.301Challenging the validity of an agreement, notification — invalidity of section 393.299, effect 393.302Tax on energy consumption, ordinance imposing tax, ballot measure required 393.310Certain gas corporations to file set of experimental tariffs with PSC, minimum requirements — extension of tariffs 393.320Acquisition of small water utilities, establishment of ratemaking rate base, procedure 393.355Special rate for electrical corporations authorized, when — net margin tracking mechanism — lower rate for facility, when, duration 393.356No modification or elimination of special rate under section 393.355 393.358Planned infrastructure projects, qualification process for contractors — definitions — requirements — report to general assembly 393.400Regulatory asset or liability accounts — corporations to defer portion of local property taxes to account, how calculated — rate base adjustment, when 393.401Electric generating power plant closure — definitions — procedure 393.410Definitions 393.420Acquisition of right to use storage reservoir under publicly owned lands 393.430Gas storage company may exercise eminent domain — purposes — procedure 393.440Powers not to be exercised until approved by public service commission 393.450Buildings not to be condemned 393.460Strata and formations not subject to condemnation 393.470Limitation on condemnation of property held for public uses 393.480Law not to restrict other powers of eminent domain 393.490Rights of owner of land in condemned strata 393.500Gas in underground storage personal property 393.510Limitations to begin, when — cause deemed to accrue, when 393.550Definitions 393.553Written demand, notice, contents, refusal of access deemed denial of access, when 393.555Denial of access, filing of affidavit, contents — initial access order, procedure, becomes final order of access, when 393.557Final order of access, exception — bond, amount — hearing 393.559Access, with sheriff, expenses of sheriff 393.561Damages awarded to utility customer, when — costs, court to determine who pays 393.563Other rights of access, not affected 393.565Appeals, customer must give bond 393.700Short title 393.705Definitions 393.710Municipalities, public water supply districts and sewer districts may form commission — purposes — contents of contract — board of directors 393.715Powers of commission — purchase of private water utility serving outside municipal limits, effect — successorship, continued and new service authorized, when 393.720Commissions to be bodies public and corporate 393.725Bonds issued to be revenue bonds only — form of bonds 393.730Requirements of resolution authorizing bonds 393.735Additional security for bonds issued may be given, how 393.740Certain taxes applicable 393.745Refunding bonds may be issued 393.750Bonds legal investments for enumerated purposes 393.755Bonds may be repurchased 393.760Election on issuance of bonds — required actions — notice — conduct of election — form of ballot — alternative voting procedures 393.765(Repealed L. 2002 H.B. 1402 § A)Repealed 393.770Purchase agreements authorized — terms — not to constitute debt 393.825Nonprofit sewer companies, who may organize — articles of incorporation, contents, submission to secretary of state 393.827Conversion of wastewater disposal or treatment corporation to nonprofit sewer company, requirements for conversion — term "articles of incorporation" includes articles of conversion 393.829Powers 393.831Articles of incorporation, amendment requirements 393.833Principal office, change of, procedure 393.835Articles of incorporation, amendment, consolidation, merger, conversion or dissolution — filing — duties of secretary of state 393.837Securities law of Missouri not to apply, when 393.839Membership — meetings, annual, special — quorum — voting 393.841Voting districts may be provided, when, procedure 393.843Board of directors, powers and duties 393.845Officers, annual election, removal from office — employees and agents 393.847Department of natural resources, jurisdiction, supervision, powers and duties — public service commission jurisdiction, limitations 393.849Excess revenues 393.851Prepayment of debt not prohibited 393.853Voluntary dissolution, articles, contents, submission to secretary of state 393.855Voluntary dissolution, procedure for winding up affairs 393.857Construction of laws relating to nonprofit sewer companies 393.861Private property of members exempt from execution for debts of company 393.900Nonprofit water companies may be organized — articles of incorporation 393.903Corporations may convert to nonprofit water companies, how 393.906Powers and duties 393.909May amend articles of incorporation, how 393.912Change of principal office, how 393.915Certain articles to be filed with secretary of state and shall take effect upon being filed by secretary of state 393.918Securities law not to apply, when 393.921Members must use services of nonprofit water company if available — membership not transferable, exception — meetings, how called, notice, procedure 393.924Company territory may be divided into voting districts 393.927Board of directors, powers, duties, number, terms of office, procedure 393.930Officers, qualifications, powers and duties, terms of office 393.933Compliance with department of natural resources and other laws — public service commission not to have jurisdiction 393.936Revenues to be distributed, when 393.939Prepayment of indebtedness permitted 393.942Voluntary dissolution before commencing operations 393.945Voluntary dissolution and windup of affairs after commencing operations 393.948Nonprofit water company law construed liberally, may elect to follow certain corporate laws in articles of incorporation 393.951Private property of members exempt from execution — members not liable for debts of company 393.954Claims against insured nonprofit water company after dissolution, procedure