Public Service Commission

Editor:
Daniel Jordan, Esquire

Ten-day effective date presumed reasonable. State of Missouri, ex rel Office of The Public Counsel v. Public Service Commission of The State of Missouri, et al., No. 76079 (Mo. App. W.D., September 10, 2013), Ellis, P.J.

Commission issued an order rejecting applicant’s original tariff sheets and requiring applicant to file new tariff sheets in compliance with commission’s conclusions of law. Applicant filed compliance tariff sheets. Commission issued an order approving compliance tariff sheets with an effective date less than three days after issuance. Statutes provide that, to preserve issues for appeal, appellant must file an application for re-hearing before order’s effective date; and that the effective date of any order is 30 days from issuance except for good cause.

Held
: Commission must allow parties a reasonable time to prepare application before effective date. An effective date of less than ten days from issuance is presumed unreasonable, but good cause is presumed for an effective date 10 days or more from issuance.