Mo. Rev. Stat. § 386.756 — MO Code / Chapter 386 / Section 386.756
386.756 Utilities prohibited from engaging in HVAC services, exceptions, ...
Status: in_force

386.756. Utilities prohibited from engaging in HVAC services, exceptions, qualification process — violation investigation — penalty. — 1. A utility may not engage in HVAC services, unless otherwise provided in subsection 8 of this section.

2. No affiliate or utility contractor may use any vehicles, service tools, instruments, employees, or any other utility assets, the cost of which are recoverable in the regulated rates for utility service, to engage in HVAC services unless the utility is compensated for the use of such assets at cost to the utility.

3. A utility may not use or allow any affiliate or utility contractor to use the name of such utility to engage in HVAC services unless the utility, affiliate or utility contractor discloses, in plain view and in bold type on the same page as the name is used on all advertisements or in plain audible language during all solicitations of such services, a disclaimer that states the services provided are not regulated by the public service commission.

4. A utility may not engage in or assist any affiliate or utility contractor in engaging in HVAC services in a manner which subsidizes the activities of such utility, affiliate or utility contractor to the extent of changing the rates or charges for the utility's regulated services above or below the rates or charges that would be in effect if the utility were not engaged in or assisting any affiliate or utility contractor in engaging in such activities.

5. Any affiliates or utility contractors engaged in HVAC services shall maintain accounts, books and records separate and distinct from the utility.

6. The provisions of this section shall apply to any affiliate or utility contractor engaged in HVAC services that is owned, controlled or under common control with a utility providing regulated utility service in this state or any other state.

7. A utility engaging in HVAC services in this state five years prior to August 28, 1998, may continue providing, to existing as well as new customers, the same type of services as those provided by the utility five years prior to August 28, 1998. The provisions of this section only apply to the area of service which the utility was actually supplying service to on a regular basis prior to August 28, 1993. The provisions of this section shall not apply to any subsequently expanded areas of service made by a utility through either existing affiliates or subsidiaries or through affiliates or subsidiaries purchased after August 28, 1993, unless such services were being provided in the expanded area prior to August 28, 1993.

8. The provisions of this section shall not be construed to prohibit a utility from providing emergency service, providing any service required by law or providing a program pursuant to an existing tariff, rule or order of the public service commission that is consistent with the provisions of this section.

9. Any utility that directly or indirectly engages a utility contractor that may provide HVAC services shall develop a qualification process and make such process open to all utility contractors seeking to provide HVAC services. Utility contractors shall have the opportunity to register on the utility's vendor registration site and be evaluated for bid opportunities.

10. Upon receiving information that raises a reasonable inference that any provision of sections 386.754 to 386.764 has been violated by any firm, person, or corporation under the jurisdiction of the commission, the commission's staff shall investigate and report its findings to the commission. The commission upon finding reasonable cause to believe a violation has occurred, may open a case before it under section 386.330 and may also promptly act to abate the violation and impose any required penalties and seek their collection under sections 386.360 and 386.600 . Any person informing the commission of an apparent or actual violation of the provisions of sections 386.754 to 386.764 may be allowed to intervene in the proceeding at their option. The person informing the commission of an apparent or actual violation of the provisions of sections 386.754 to 386.764 , and any other interested person, shall be provided a copy of the final disposition of the complaint, but not the work-product or attorney-client privileged documents of the commission's staff or general counsel or the attorney general.

11. A utility that violates any provision of this section is guilty of a civil offense and may be subject to a civil penalty of up to twelve thousand five hundred dollars for each violation. The attorney general may enforce the provisions of this section pursuant to any powers granted to him or her pursuant to any relevant provisions provided by Missouri statutes or the Missouri Constitution.

12. Any utility claiming an exemption as provided in subsection 7 of this section shall comply with all applicable state and local laws, ordinances or regulations relating to the installation or maintenance of HVAC systems including all permit requirements. A continuing pattern of failure to comply with said requirements shall provide the basis for a finding by any court of competent jurisdiction or the public service commission that the utility has waived its claim of exemption pursuant to subsection 7 of this section.

(L. 1998 H.B. 1038, A.L. 2003 H.B. 208, A.L. 2025 S.B. 4)