Section 393.150

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 393

Effective - 28 Aug 1967   

  393.150.  Commission may fix rates after hearing — stay increase — burden of proof. — 1.  Whenever there shall be filed with the commission by any gas corporation, electrical corporation, water corporation or sewer corporation any schedule stating a new rate or charge, or any new form of contract or agreement, or any new rule, regulation or practice relating to any rate, charge or service or to any general privilege or facility, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, and if it so orders without answer or other formal pleading by the interested gas corporation, electrical corporation, water corporation or sewer corporation, but upon reasonable notice, to enter upon a hearing concerning the propriety of such rate, charge, form of contract or agreement, rule, regulation or practice, and pending such hearing and the decision thereon, the commission upon filing with such schedule, and delivering to the gas corporation, electrical corporation, water corporation or sewer corporation affected thereby, a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, form of contract or agreement, rule, regulation or practice, but not for a longer period than one hundred and twenty days beyond the time when such rate, charge, form of contract or agreement, rule, regulation or practice would otherwise go into effect; and after full hearing, whether completed before or after the rate, charge, form of contract or agreement, rule, regulation or practice goes into effect, the commission may make such order in reference to such rate, charge, form of contract or agreement, rule, regulation or practice as would be proper in a proceeding initiated after the rate, charge, form of contract or agreement, rule, regulation or practice had become effective.

  2.  If any such hearing cannot be concluded within the period of suspension, as above stated, the commission may, in its discretion, extend the time of suspension for a further period not exceeding six months.  At any hearing involving a rate sought to be increased, the burden of proof to show that the increased rate or proposed increased rate is just and reasonable shall be upon the gas corporation, electrical corporation, water corporation or sewer corporation, and the commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible.

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(RSMo 1939 § 5647, A. 1949 H.B. 2165, A.L. 1967 p. 578)

Prior revisions: 1929 § 5191; 1919 § 10479

(1960) A tax adjustment provision providing for apportionment of city gross receipts tax to purchasers of steam service held to constitute a "rule ... or practice" relating to rates subject to approval of the commission. State ex rel. Hotel Continental v. Burton (Mo.), 334 S.W.2d 75.

(1976) Rate increases are properly sought by utilities under the "file and suspend" method and this is true whether or not current rates had been set by the "file" method or fixed by order of the commission after a hearing.  File and suspend method of seeking rate increase by utility did not result in denial of due process of law or equal protection to utility consumers.  State ex rel. Jackson County v. Public Serv. Comm'n (Mo.), 532 S.W.2d 20.

(1976) Public service commission has power in proper case to grant interim rate increases, which power is implied in the "file and suspend" provision of statute. State ex rel. Laclede Gas Co. v. Public Serv. Comm'n (A.), 535 S.W.2d 561.