Section 393.557

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 393

Effective - 28 Aug 1986   

  393.557.  Final order of access, exception — bond, amount — hearing. — 1.  The initial access order shall become a final order of access under section 393.555 unless the utility customer in default posts a bond which must be:

  (1)  Approved by and filed with the court within the time specified by the initial access order; and

  (2)  In sufficient amount, form and with appropriate security, to protect the utility company against all losses and expenses which the utility company may suffer by reason of the delay in obtaining access, including, but not limited to, the posting of adequate security to cover all charges by the utility company which may accrue during the pendency of the hearing referred to in subsection 2 of this section.  

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If such bond is provided to the court and approved by the court, the utility customer in default filing such bond shall be entitled to a hearing pursuant to subsection 2 of this section, which hearing shall be a hearing on the record under procedures applicable before circuit judges, and shall be held and decided within twenty days of the posting of the bond.

  2.  At a hearing on the delivery of access to the utility meter, each party may present proofs.  In order to prevail, the utility company must establish that it reasonably requires access to the utility meter based upon a need for access as described in subdivision (3) of section 393.550.  If the utility company so establishes, the initial access order shall be automatically reinstated and immediately become a final order of access.  The utility customer in default and the utility company shall respectively have the opportunity to present evidence to the court, and to cross-examine any or all witnesses of the other party.

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(L. 1986 H.B. 1422 § 4)