Public Service Commission

Daniel Jordan, Esquire

ISRS increase was timely. In The Matter of The Application of Laclede Gas Company D/B/A Missouri Gas Energy, For Approval to Change its Infrastructure System Replacement Surcharge; Public Service Commission of The State of Missouri v. The Office of Public Counsel, No. 76509 (Mo. App. W.D., January 14, 2014), Welsh, C.J.

Statutes governing public utility’s infrastructure system replacement surcharge (“ISRS”) differentiate between establishment of ISRS and amendments to ISRS. Statutes allow establishment of an ISRS within three years of its most recent general rate action. Public Service Commission amended ISRS more than three years after the public utility’s most recent general rate action.

Held: Affirmed.
The statutes allow the ISRS to last for three years, so the Commission may amend the ISRS more than three years from the utility’s most recent general rate action.

Temporary rate relief discussed. In the Matter of Kansas City Power & Light Company’s Request for Authority to Implement a General Rate Increase for Electric Service vs. Midwest Energy Consumers Group; Office of Public Counsel; Missouri Public Service Commission; Dogwood Energy, Inc.; Union Electric D/B/A Ameren Missouri, Nos. 76164 and 76165 (Mo. App. W.D., January 28, 2014), Gabbert, J.

Statute provides temporary rate relief when court of appeals finds, by final and unappealable ruling, that Public Service Commission (“PSC”) decision establishes a new rate unlawfully or unreasonably.  Court of appeals’ writ of mandamus required the PSC to vacate an order.

Held: Dismissed.
Ruling on writ re-opened the Public Service Commission action for further procedure, so it was not final, and no temporary rate relief is due.  There being no more justiciable issues on appeal, the appellate action is dismissed as moot.