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Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 386

Effective - 28 Aug 1996 bottom

  386.250.  Jurisdiction of commission. — The jurisdiction, supervision, powers and duties of the public service commission herein created and established shall extend under this chapter:

  (1)  To the manufacture, sale or distribution of gas, natural and artificial, and electricity for light, heat and power, within the state, and to persons or corporations owning, leasing, operating or controlling the same; and to gas and electric plants, and to persons or corporations owning, leasing, operating or controlling the same;

  (2)  To all telecommunications facilities, telecommunications services and to all telecommunications companies so far as such telecommunications facilities are operated or utilized by a telecommunications company to offer or provide telecommunications service between one point and another within this state or so far as such telecommunications services are offered or provided by a telecommunications company between one point and another within this state, except that nothing contained in this section shall be construed as conferring jurisdiction upon the commission over the rates charged by a telephone cooperative for providing telecommunications service within an exchange or within a local calling scope as determined by the commission, except for exchange access service;

  (3)  To all water corporations, and to the land, property, dams, water supplies, or power stations thereof and the operation of same within this state, except that nothing contained in this section shall be construed as conferring jurisdiction upon the commission over the service or rates of any municipally owned water plant or system in any city of this state except where such service or rates are for water to be furnished or used beyond the corporate limits of such municipality;

  (4)  To all sewer systems and their operations within this state and to persons or corporations owning, leasing, operating or controlling the same;

  (5)  To all public utility corporations and persons whatsoever subject to the provisions of this chapter as herein defined, except that the public service commission may, upon application of any interested person, decline jurisdiction and supervision over the sale and distribution of electricity and the owning, operating, and controlling of related plant if such sale and distribution is by a person authorized to provide such services in an adjoining state with fewer than twenty residential customers in Missouri, all of whom are located within two miles of the borders of the state of Missouri and if such customers are unable to receive utility services from an investor-owner utility or rural electric cooperative due to a natural barrier.  If the public service commission shall decline such jurisdiction and supervision, the Missouri customers of such out-of-state utility shall receive services under the same terms and conditions as the utility provides service to its customers in the nearest adjoining state;

  (6)  To the adoption of rules as are supported by evidence as to reasonableness and which prescribe the conditions of rendering public utility service, disconnecting or refusing to reconnect public utility service and billing for public utility service.  All such proposed rules shall be filed with the secretary of state and published in the Missouri Register as provided in chapter 536, and a hearing shall be held at which affected parties may present evidence as to the reasonableness of any proposed rule; and

  (7)  To such other and further extent, and to all such other and additional matters and things, and in such further respects as may herein appear, either expressly or impliedly.

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(RSMo 1939 § 5592, A.L. 1963 p. 500, A.L. 1967 p. 578, A.L. 1977 S.B. 136, A.L. 1980 H.B. 1335, A.L. 1987 H.B. 360, A.L. 1988 S.B. 676 merged with S.B. 481, A.L. 1991 S.B. 269, A.L. 1993 S.B. 52, A.L. 1995 S.B. 420, A.L. 1996 S.B. 630)

Prior revisions: 1929 § 5136; 1919 § 10425

CROSS REFERENCE:

Structures over or contiguous to railroad tracks created only with permission of commission, 389.580

(1963) The publication of the classified directory by a telephone company and the advertising thereunder is a method, procedure and an operation which is designed for and actually does facilitate the business of affording telephonic communication and the public service commission has jurisdiction to regulate advertising in the classified directory.  Videon Corp. v. Burton (A.), 369 S.W.2d 264.

(1967) The public service commission is without power to order a telephone company to provide services in an area in which it has not offered, proffered or undertaken to provide service because such compulsion would be tantamount to an appropriation of the telephone company's property to a public service to which it has not dedicated such property, a taking of private property for public use without just compensation. State v. Public Service Commission (Mo.), 416 S.W.2d 109.


---- end of effective   28 Aug 1996 ----

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