Public Service Commission
Daniel Jordan, Esquire
When Public Service Commission’s conclusions of law stand on findings of fact that have evidentiary support in the record, courts affirm commission’s decision. State of Missouri ex rel. Office of Public Counsel v. Public Service Commission and State of Missouri ex rel. Southern Union Company d/b/a Missouri Gas Energy v. Public Service Commission of the State of Missouri, No. 31221 and 31253 (Mo. App. S.D., March 20, 2012), Francis, Jr., P.J.
Statutes require utility rates to be just and reasonable. The Public Service Commission resolved credibility issues in its findings of fact. For determining rate of return, PSC used actual capital structure of appellant, rather than hypothetical capital structure of appellant’s unincorporated division.
Held: Affirmed. Record supported findings on which Public Service Commission based its conclusions. Rate of return within national zone of reasonableness and rate design reflecting true cost of service, as found by Public Service Commission and supported by record, did not violate statutes. Public Service Commission need not explain why the evidence supported a methodology in current decision different from earlier decisions.