Public Service Commission

Editor:
Daniel Jordan, Esquire

Utility has the burden of proof to show prudence in affiliate transaction. Office of the Public Counsel, v. Missouri Public Service Commission, et al., Case No. 92964 (Mo. banc, July 30, 2013), Stith, J.

In action to decide whether utility acted prudently in transaction with an affiliated company, Public Service Commission assigned burden of proof to party alleging imprudence. 

Held: Reversed.
  Party that brings an action at the Public Service Commission, charging that a utility violated a commission regulation or tariff, has no burden of proof. That action is subject to the statute that addresses rate increases, which puts the burden of proof on the utility.