Public Service Commission

Daniel Jordan, Esquire

Action estopped. State of Missouri ex rel., MoGas Pipeline, LLC v. Public Service Commission, No. 75109 (Mo. App. W.D., January 15, 2013), Witt, J.

After court of appeals opinion declining to rule on lawfulness of tariff provisions, pipeline company brought an action at the Public Service Commission challenging tariff provisions’ lawfulness. Commission dismissed; circuit court affirmed.

Held: Dismissal affirmed.
Commission’s ruling in earlier challenge collaterally estopped later challenge because statute provides that decisions of the Public Service Commission are not subject to collateral attack except on the Commission’s initiative.