reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.090 - Corporation not authorized to enter or appropriate certain buildings.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1943
393.090. Corporation not authorized to enter or appropriate certain buildings. —
No corporation, company or individual shall be authorized to enter or appropriate any dwelling, barn, store, warehouse or similar building erected for any agricultural, commercial or manufacturing purposes.
­­--------
(RSMo 1939 § 5378, A.L. 1943 p. 410 § 162)
Prior revisions: 1929 § 4971; 1919 § 10181; 1909 § 3375
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.100 - Concerning the appropriation of property held by another corporation.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1943
393.100. Concerning the appropriation of property held by another corporation. —
In case the property sought to be appropriated is held by any corporation, the right to appropriate the same for the purposes aforesaid by any corporation, company or individual shall be limited to such use as shall not materially interfere with the uses to which by law the corporation holding the same is authorized to put said property. Where no agreement can be made between the parties, the mode of assessing the damages provided heretofore as to private persons shall be adopted, and if the property to be appropriated lies in more than one county, an application may be made in any one county in which any of the lands lie, and the damages shall be assessed as to all the lands of the defendant corporation along the whole line in one proceeding.
­­--------
(RSMo 1939 § 5379, A.L. 1943 p. 410 § 163)
Prior revisions: 1929 § 4972; 1919 § 10182; 1909 § 3376
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.105 - Rules against restraints on alienation and against perpetuities not to apply, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 1975
393.105. Rules against restraints on alienation and against perpetuities not to apply, when. —
1. Any two or more electrical corporations or gas corporations which own or intend to own, jointly or as tenants in common, any real or personal property, or any interest therein, that is used or is to be used, in whole or in part, for the generation, transmission or distribution of electricity or for the production, gathering, storage, processing, transmission or distribution of manufactured or natural gas may enter into an agreement waiving their respective rights with respect to the partition of the property or otherwise restricting the alienation thereof for a period of time ending not later than the abandonment of the use.
2. Without limiting the general application of subsection 1 of this section, the rule of law commonly known as the rule against perpetuities and the rule of law commonly known as the rule prohibiting unreasonable restraints on alienation of property shall not be applied to invalidate, render unenforceable or otherwise affect any agreement entered into pursuant to this section.
­­--------
(L. 1975 S.B. 117)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.108 - Hot weather rule, discontinuance of service prohibited, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 2008
393.108. Hot weather rule, discontinuance of service prohibited, when. —
For purposes of this section, the hot weather rule shall mean the period of time from June first to September thirtieth, in which the discontinuance of gas and electric service to all residential users, including all residential tenants of apartment buildings, for nonpayment of bills where gas or electricity is used as the source of cooling or to operate the only cooling equipment at the residence, is prohibited in the following situations:
(1) On any day when the National Weather Service local forecast between 6:00 a.m. and 9:00 p.m. for the following twenty-four hours predicts that the temperature shall rise above ninety-five degrees Fahrenheit or that the heat index shall rise above one hundred five degrees Fahrenheit;
(2) On any day when utility personnel are not available to reconnect utility service during the immediately succeeding day or days and the National Weather Service local forecast between 6:00 a.m. and 9:00 p.m. predicts that the temperature during the period of unavailability shall rise above ninety-five degrees Fahrenheit or that the heat index shall rise above one hundred five degrees Fahrenheit; and
(3) In any other applicable situations provided for in rules established and amended by the public service commission.
­­--------
(L. 2008 S.B. 720)
Transferred 2012, formerly § 660.123
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.110 - Application of sections 393.110 to 393.285 — public service commission not to have jurisdiction over certain electrical corporations.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2003
393.110. Application of sections 393.110 to 393.285 — public service commission not to have jurisdiction over certain electrical corporations. —
1. Sections 393.110 to 393.285 shall apply to the manufacture and furnishing of gas for light, heat or power and the furnishing of natural gas for light, heat or power, and the generation, furnishing and transmission of electricity for light, heat or power, the supplying and distributing of water for any purpose whatsoever, and the furnishing of a sewer system for the collection, carriage, treatment or disposal of sewage for municipal, domestic or other beneficial or necessary purpose.
2. Notwithstanding any provision in chapter 386 or this chapter to the contrary, the public service commission shall not have jurisdiction over the rates, financing, accounting, or management of any electrical corporation which is required by its bylaws to operate on the not-for-profit cooperative business plan, with its consumers who receive service as the stockholders of such corporation, and which holds a certificate of public convenience and necessity to serve a majority of its consumer-owners in counties of the third classification as of August 28, 2003. Nothing in this section shall be construed as amending or superseding the commission's authority granted in and pursuant to subsection 1 of section 386.310, in section 386.800, section 393.106, and section 394.312.
­­--------
(RSMo 1939 § 5644, A.L. 1967 p. 578, A.L. 2003 H.B. 208 merged with S.B. 255)
Prior revisions: 1929 § 5188; 1919 § 10476
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.120 - Definition of terms.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1949
393.120. Definition of terms. —
The provisions of section 386.020 defining words, phrases and terms, shall apply to and determine the meaning of all such words, phrases or terms as used in sections 393.110 to 393.290.
­­--------
(1949 H.B. 2105 § 393.12)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.135 - Charges based on nonoperational property of electrical corporation prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 02 Nov 1976, see footnote
393.135. Charges based on nonoperational property of electrical corporation prohibited. —
Any charge made or demanded by an electrical corporation for service, or in connection therewith, which is based on the costs of construction in progress upon any existing or new facility of the electrical corporation, or any other cost associated with owning, operating, maintaining, or financing any property before it is fully operational and used for service, is unjust and unreasonable, and is prohibited.
­­--------
(Adopted by Initiative, Proposition No. 1, November 2, 1976)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.136 - Retroactive operation prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 02 Nov 1976, see footnote
393.136. Retroactive operation prohibited. —
Notwithstanding the foregoing, any such charge which is being made or demanded on November 2, 1976, shall not be deemed unjust or unreasonable by reason of section 393.135, and shall not be prohibited thereby, for a period of ninety days after the effective date of this law.
­­--------
(Adopted by Initiative, Proposition No. 1, November 2, 1976)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.137 - Electrical corporation rate adjustment, one time — definitions — when, how calculated — alternative deferral, when, how calculated.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 01 Jun 2018, see footnote
393.137. Electrical corporation rate adjustment, one time — definitions — when, how calculated — alternative deferral, when, how calculated. —
1. This section applies to electrical corporations that do not have a general rate proceeding pending before the commission as of the later of February 1, 2018, or June 1, 2018.
2. For purposes of this section, the following terms shall mean:
(1)
"Commission"
, the public service commission;
(2)
"Electrical corporation"
, the same as defined in section 386.020, but shall not include an electrical corporation as described in subsection 2 of section 393.110.
3. If the rates of any electrical corporation to which this section applies have not already been adjusted to reflect the effects of the federal 2017 Tax Cut and Jobs Act, Pub. L. No. 115-97, 94 Stat. 2390, the commission shall have one time authority that shall be exercised within ninety days of June 1, 2018, to adjust such electrical corporation's rates prospectively so that the income tax component of the revenue requirement used to set such an electrical corporation's rates is based upon the provisions of such federal act without considering any other factor as otherwise required by section 393.270. The commission shall also require electrical corporations to which this section applies, as provided for under subsection 1 of this section, to defer to a regulatory asset the financial impact of such federal act on the electrical corporation for the period of January 1, 2018, through the date the electrical corporation's rates are adjusted on a one-time basis as provided for in the immediately preceding sentence. The amounts deferred under this subsection shall be included in the revenue requirement used to set the electrical corporation's rates in its subsequent general rate proceeding through an amortization over a period determined by the commission.
4. Upon good cause shown by the electrical corporation, the commission may, as an alternative to requiring a one-time rate change and deferral under subsection 3
*
of this section, allow a deferral, in whole or in part, of such federal act's financial impacts to a regulatory asset starting January 1, 2018, through the effective date of new rates in such electrical corporation's next general rate proceeding. The deferred amounts shall be included in the revenue requirement used to set the electrical corporation's rates in its subsequent general rate proceeding through an amortization over a period determined by the commission.
­­--------
(L. 2018 S.B. 564)
Effective 6-01-18
*Number "2" appears in original rolls.
CROSS REFERENCE:
Nonseverability clause, 393.1675
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.147 - Loan programs, certain sewer and water corporations — authorized when, how.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 09 Jul 1992, see footnote
393.147. Loan programs, certain sewer and water corporations — authorized when, how. —
The commission may enter into cooperative agreements and contracts with the state environmental improvement and energy resources authority for the purpose of establishing and administering loan programs for water corporations and sewer corporations which have one thousand or fewer customers.
­­--------
(L. 1992 H.B. 1803 merged with S.B. 853)
Effective 7-09-92
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.152 - Delinquency in payment, deposit or guarantee to continue service prohibited, when — inapplicability.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2011
393.152. Delinquency in payment, deposit or guarantee to continue service prohibited, when — inapplicability. —
1. A public utility regulated under this chapter shall not require a deposit or guarantee as a condition of continued residential service to any existing customer who has been delinquent in paying his or her utility bill at least five times in twelve consecutive months if:
(1) Such customer has consistently made a payment for each month during the twelve consecutive months, provided that each payment is made by the delinquent date; and
(2) Each payment made in subdivision (1) of this subsection is at least seventy-five dollars or twenty-five percent of the total outstanding balance, provided that the total outstanding balance is three hundred dollars or less.
2. This section shall not apply to any customer whose total outstanding balance exceeds three hundred dollars or to any customer making payments under a pay plan previously arranged with the utility.
­­--------
(L. 2011 S.B. 48)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.155 - Electric corporation's rates, increase in, phase-in of, when, how — powers of commission.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1986
393.155. Electric corporation's rates, increase in, phase-in of, when, how — powers of commission. —
1. If, after hearing, the commission determines that any electrical corporation should be allowed a total increase in revenue that is primarily due to an unusually large increase in the corporation's rate base, the commission, in its discretion, need not allow the full amount of such increase to take effect at one time, but may instead phase in such increase over a reasonable number of years. Any such phase-in shall allow the electrical corporation to recover the revenue which would have been allowed in the absence of a phase-in and shall make a just and reasonable adjustment thereto to reflect the fact that recovery of a part of such revenue is deferred to future years. In order to implement the phase-in, the commission may, in its discretion, approve tariff schedules which will take effect from time to time after the phase-in is initially approved.
2. If, after hearing, the commission determines that an electrical corporation, which is a wholly owned subsidiary of a public utility holding company registered under the Public Utility Holding Company Act of 1935, should be allowed an unusually large increase in total revenue which is primarily due to an unusually large increase in expense resulting from the Federal Energy Regulatory Commission regulation of expenses related to a generating facility owned by another wholly owned subsidiary of the same public utility holding company; then the commission, in its discretion, need not allow the full amount of such increase in total revenue to take effect at one time, but may instead phase in such increase over a reasonable number of years. Any phase-in authorized pursuant to this subsection shall allow the electrical corporation to recover the revenue which would have been allowed in the absence of a phase-in and shall make a just and reasonable adjustment thereto to reflect the fact that recovery of a part of such revenue is deferred to future years, including reasonable financing costs incurred in connection therewith. In order to implement a phase-in authorized pursuant to this subsection, the commission may, in its discretion, approve tariff schedules which will take effect from time to time after the phase-in is initially approved.
­­--------
(L. 1984 H.B. 1477, A.L. 1986 H.B. 1429)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.170 - Approval of incorporation and franchises — certificate.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2018, 2 histories
393.170. Approval of incorporation and franchises — certificate. —
1. No gas corporation, electrical corporation, water corporation or sewer corporation shall begin construction of a gas plant, electric plant, water system or sewer system, other than an energy generation unit that has a capacity of one megawatt or less, without first having obtained the permission and approval of the commission.
2. No such corporation shall exercise any right or privilege under any franchise hereafter granted, or under any franchise heretofore granted but not heretofore actually exercised, or the exercise of which shall have been suspended for more than one year, without first having obtained the permission and approval of the commission. Before such certificate shall be issued a certified copy of the charter of such corporation shall be filed in the office of the commission, together with a verified statement of the president and secretary of the corporation, showing that it has received the required consent of the proper municipal authorities.
3. The commission shall have the power to grant the permission and approval herein specified whenever it shall after due hearing determine that such construction or such exercise of the right, privilege or franchise is necessary or convenient for the public service. The commission may by its order impose such condition or conditions as it may deem reasonable and necessary. Unless exercised within a period of two years from the grant thereof, authority conferred by such certificate of convenience and necessity issued by the commission shall be null and void.
­­--------
(RSMo 1939 § 5649, A.L. 1967 p. 578, A.L. 2018 S.B. 564)
Prior revisions; 1929 § 5193; 1919 § 10481
CROSS REFERENCE:
Noneverability clause, 393.1675
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.180 - Right to issue stocks, bonds, notes subject to regulation.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1967
393.180. Right to issue stocks, bonds, notes subject to regulation. —
The power of gas corporations, electrical corporations, water corporations, or sewer corporations to issue stocks, bonds, notes and other evidences of indebtedness and to create liens upon their property situated in this state is a special privilege, the right of supervision, regulation, restriction and control of which is and shall continue to be vested in the state, and such power shall be exercised as provided by law and under such rules and regulations as the commission may prescribe.
­­--------
(RSMo 1939 § 5650, A.L. 1967 p. 578)
Prior revisions: 1929 § 5194; 1919 § 10482
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.210 - Certificate of commission to be recorded — stock dividend prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1967
393.210. Certificate of commission to be recorded — stock dividend prohibited. —
No gas corporation, electrical corporation, water corporation or sewer corporation governed by this chapter shall issue any stock, bonds, notes or other evidence of indebtedness, for money, property or services, either directly or indirectly, nor shall it receive any money, property or services in payment of the same, either directly or indirectly, until there has been recorded upon the books of the corporation or person the certificate of the commission herein provided for. No gas corporation, electrical corporation, water corporation or sewer corporation governed by this chapter shall declare any stock, bond or scrip dividend or divide the proceeds of the sale of any stock, bond or scrip among its stockholders unless authorized by the commission so to do.
­­--------
(RSMo 1939 § 5653, A.L. 1955 p. 577, A.L. 1967 p. 578)
Prior revisions: 1929 § 5197; 1919 § 10485
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.240 - Power of commission to require depreciation account of gas, electrical, water and sewer corporations.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1967
393.240. Power of commission to require depreciation account of gas, electrical, water and sewer corporations. —
1. The commission shall have power, after hearing, to require any or all gas corporations, electrical corporations, water corporations and sewer corporations to carry a proper and adequate depreciation account in accordance with such rules, regulations and forms of account as the commission may prescribe.
2. The commission may, from time to time, ascertain and determine and by order fix the proper and adequate rates of depreciation of the several classes of property of such corporation, person or public utility. Each gas corporation, electrical corporation, water corporation and sewer corporation shall conform its depreciation accounts to the rates so ascertained, determined and fixed, and shall set aside the moneys so provided for out of earnings and carry the same in a depreciation fund and expend such fund only for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement, as the commission may prescribe. The income from investments of moneys in such fund shall likewise be carried in such fund.
­­--------
(RSMo 1939 § 5656, A.L. 1967 p. 578)
Prior revisions: 1929 § 5200; 1919 § 10488
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.250 - Reorganizations of gas, electrical, water and sewer corporations.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1967
393.250. Reorganizations of gas, electrical, water and sewer corporations. —
1. Reorganizations of gas corporations, electrical corporations, water corporations and sewer corporations shall be subject to the supervision and control of the commission, and no such reorganization shall be had without the authorization of the commission.
2. Upon all such reorganizations the amount of capitalization, including therein all stocks and bonds and other evidence of indebtedness, shall be such as is authorized by the commission, which in making its determinations, shall not exceed the fair value of the property involved, taking into consideration its original cost of construction, duplication cost, present condition, earning power at reasonable rates and all other relevant matters and any additional sum or sums as shall be actually paid in cash; provided, however, that the commission may make due allowance for the discount of bonds.
3. Any reorganization agreement before it becomes effective shall be amended so that the amount of capitalization shall conform to the amount authorized by the commission. The commission may by its order impose such condition or conditions as it may deem reasonable and necessary.
­­--------
(RSMo 1939 § 5657, A.L. 1967 p. 578)
Prior revisions; 1929 § 5201; 1919 § 10489
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.275 - Commission to notify cities and counties of tariff increases, when, contents of notice — reduction of license tax, when — exception, procedure — to maintain.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1993
393.275. Commission to notify cities and counties of tariff increases, when, contents of notice — reduction of license tax, when — exception, procedure — to maintain. —
1. The commission shall notify the governing body of each city or county imposing a business license tax pursuant to section 66.300, 92.045, 94.110, 94.270 or 94.360, or a similar tax adopted pursuant to charter provisions in any constitutional charter city with a population of at least three hundred fifty thousand inhabitants which is located in more than one county, on gross receipts of any gas corporation, electric corporation, water corporation or sewer corporation of any tariff increases authorized for such firm doing business in that city or county if the approved increase exceeds seven percent. The commission shall include with such notice to any city or county the percentage increase approved for the utility, together with an estimate of the annual increase in gross receipts resulting from the tariff increase on customers residing in that city or county. The provisions of this subsection shall not apply to rate adjustments in the purchase price of natural gas which are approved by the commission.
2. The governing body of each city or county notified of a tariff increase as provided in subsection 1 of this section shall reduce the tax rate of its business license tax on the gross receipts of utility corporations. Within sixty days of the effective date of the tariff increase, the tax rate shall be reduced to the extent necessary so that revenue for the ensuing twelve months will be approximately equal to the revenue received during the preceding twelve months plus a growth factor. The growth factor shall be equal to the average of the additional revenue received in each of the preceding three years. However, a city or county may maintain the tax rate of its business license tax on the gross receipts of utility corporations without reduction if an ordinance to maintain the tax rate is enacted by the governing body of the city or an order to maintain the tax rate is issued by the governing body of the county after September 28, 1985. The provisions of this subsection shall not apply to rate adjustments in the purchase price of natural gas which are approved by the commission.
­­--------
(L. 1984 H.B. 1477 § 393.190 subsec. 2, § 2, A.L. 1985 H.B. 200, A.L. 1993 H.B. 453)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.280 - Defense in case of excessive charges for gas, water, electricity or sewer service.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1967
393.280. Defense in case of excessive charges for gas, water, electricity or sewer service. —
If it be alleged and established in an action brought in any court for the collection of any charge for gas, electricity, water or sewer service that a price has been demanded in excess of that fixed by the commission or by statute, in the municipality wherein the action arose, no recovery shall be had therein, but the fact that such excessive charges have been made shall be a complete defense to such action.
­­--------
(RSMo 1939 § 5662, A.L. 1967 p. 578)
Prior revisions: 1929 § 5206; 1919 § 10494
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.290 - Powers of commission relating to other utilities made applicable to heating companies.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1967
393.290. Powers of commission relating to other utilities made applicable to heating companies. —
All provisions of chapters 386, 387, 390, 392 and 393, in reference to railroad corporations, street railroad corporations, common carriers, gas corporations, electrical corporations, water corporations, telephone and telegraph corporations, and sewer corporations, in reference to hearings, summoning witnesses, taking of testimony, reports, approval of incorporation and certificates of franchises, the approval of issues of stocks, bonds, notes and other evidence of indebtedness, consolidation, lease, transfer of franchises, valuation of property, grants and franchises, keeping of accounts, complaints as to quality, price, facilities furnished, the fixing of just and reasonable rates and adequacy of service, forfeitures of all descriptions, forfeitures for noncompliance with the orders, summary proceedings under chapters 386, 387, 390, 392 and 393, excessive charges for product, service or facilities, proceedings before the commission, and proceedings in any court mentioned in chapters 386, 387, 390, 392 and 393, and in all other sections, paragraphs, provisions and parts of chapters 386, 387, 390, 392 and 393, in reference to any other corporations subject to any of the provisions of chapters 386, 387, 390, 392 and 393, so far as the same shall be practically, legally or necessarily applicable to heating companies in this state, are hereby made applicable to such heating companies as designated in said chapters, and shall have full application thereto.
­­--------
(RSMo 1939 § 5684, A.L. 1967 p. 578)
Prior revisions; 1929 § 5228; 1919 § 10516
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.291 - Steam heating companies, may file under small company rate procedures, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 2003
393.291. Steam heating companies, may file under small company rate procedures, when. —
A steam heating company having fewer than one hundred customers in this state may file under a small company rate procedure promulgated by the commission which shall be consistent with 4 CSR 240- 3.240 by giving notice to the secretary of the commission, the public counsel, each customer, and each gas corporation or electric corporation providing utility service in the area. Any customer, gas corporation, or electric corporation responding within thirty days of the date of the notice shall be entitled to copies of all filings subsequently made in the case and may participate in any conferences or hearings therein.
­­--------
(L. 2003 H.B. 208 &1)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.292 - Nuclear power plant decommissioning, expense of, rate increase allowed, when, how.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 1989
393.292. Nuclear power plant decommissioning, expense of, rate increase allowed, when, how. —
Notwithstanding any other provision of law to the contrary, the public service commission shall have the power, pursuant to regulations, to review and authorize changes to the rates and charges contained in the schedules of an electric corporation as a result of a change in the level or annual accrual of funding necessary for its nuclear power plant decommissioning trust fund only after a full hearing and after considering all facts relevant to such funding level or accrual rate. The commission shall also have the authority to adopt regulations to govern the procedure for submission, examination, hearing and approval of such tariff changes and to ensure that the amounts collected from ratepayers and paid into such trust funds will be neither greater nor lesser than the amounts necessary to carry out the purposes of the trusts.
­­--------
(L. 1989 H.B. 609 § 1)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.298 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 10 Jul 1998, see footnote
393.298. Definitions. —
As used in this section and sections 393.299, 393.301 and 393.302, the following terms mean:
(1)
"Commission"
, the Missouri public service commission;
(2)
"Distribution system"
, the physical plant used to provide energy services including facilities, structures, wires and appurtenances thereto;
(3)
"Distributor"
, an electrical or gas corporation as defined by section 386.020 which is authorized by the commission under this chapter, to provide or distribute energy services;
(4)
"Energy services"
, the retail sale of electricity or natural gas, propane or methane to customers or consumers and all associated services that are necessary for their delivery through a distribution system including but not limited to the generation, production, transmission, distribution, billing and metering of such services;
(5)
"Gross receipts"
, all revenues from energy services which are subject to a business license tax of a political subdivision or a franchise agreement between a distributor and a political subdivision or a PILOT;
(6)
"Person"
, includes any individual, firm, cooperative, copartnership, joint venture, association, corporation, municipal or private, and whether organized for profit or not, state, county, political subdivision, state department, commission, board, bureau or agency, or any other group or combination acting as a unit, and the plural as well as the singular number;
(7)
"PILOT"
, the payment or transfer of funds or services by a gas or electric utility owned by a political subdivision and used to provide government services by the political subdivision including the value of free or subsidized services, provided the value of these services are stated annually in an ordinance as a percentage of the total gross receipts of the gas or electric system;
(8)
"Political subdivision"
, any county, municipality or village in the state of Missouri;
(9)
"Proportionate share"
, the seller's gross receipts multiplied by the franchise fee rate, specified in a franchise agreement between a distributor and a political subdivision or the PILOT rate as provided in any ordinance or order of the political subdivision for the corresponding use of rights-of-way, utility easements or the distribution system of a political subdivision;
(10)
"Seller"
, any person who uses, leases or controls the distribution system of a distributor or a political subdivision or any part thereof to sell energy services at retail within the political subdivision other than a distributor or a political subdivision which uses its own distribution system.
­­--------
(L. 1998 S.B. 627)
Effective 7-10-98
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.300 - Customer bills in Braille or bold-faced type on request.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 1999
393.300. Customer bills in Braille or bold-faced type on request. —
1. Any provider of telephone, sewer, water, electric or gas utility service, whether public or private, shall, upon the request of a customer of such provider, provide the customer's bills in Braille or no less than twenty-four point bold-faced type print or both.
2. This section shall become effective on August 28, 1999.
­­--------
(L. 1998 H.B. 1088 § 393.300, § A)
Effective 8-28-99
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.301 - Challenging the validity of an agreement, notification — invalidity of section 393.299, effect.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 10 Jul 1998, see footnote
393.301. Challenging the validity of an agreement, notification — invalidity of section 393.299, effect. —
1. In the event that any legal action to challenge the validity of any agreement made pursuant to subsection 1 or 2 of section 393.299 is filed in any court of competent jurisdiction, the party initiating that action shall immediately furnish a certified copy of the initial pleading to the commission, which act shall be deemed to suspend the provisions of such agreement pending a final and nonappealable judgment or disposition of such action. Upon receipt of the notification, the commission shall immediately notify each affected political subdivision and person providing energy services of the suspension of those agreements. No seller or distributor shall provide energy services after it receives notice from the commission that the seller's agreements have been suspended pursuant to subsection 1 or 2 of section 393.299.
2. In the event that the provisions of section 393.299 are declared to be void or invalid by final judgment of a court of competent jurisdiction, no energy services shall be permitted except upon a finding of public convenience and necessity and compliance with all provisions of this chapter, regulations adopted pursuant to this chapter, and commission orders. No refund of any tax or fee shall be made to any seller that signs an agreement waiving its right to challenge the validity of section 393.299.
­­--------
(L. 1998 S.B. 627)
Effective 7-10-98
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.302 - Tax on energy consumption, ordinance imposing tax, ballot measure required.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 10 Jul 1998, see footnote
393.302. Tax on energy consumption, ordinance imposing tax, ballot measure required. —
Notwithstanding the provisions of section 393.299, a political subdivision may by ordinance impose a tax upon persons who use or consume gas, electricity or energy services within such political subdivision but who take title to such gas, electricity or energy services outside of that political subdivision. Any person liable for the tax under this section, upon proof that such person has paid a tax in another state or political subdivision with respect to a charge for the sale or transfer of such gas, electricity or energy services, shall be allowed a credit against the tax authorized by this section, to the extent of the amount of the tax legally due and paid in the other state or political subdivision with respect to such charge. The tax shall be measured by all charges for gas, electricity or energy services by the person using or consuming the gas, electricity or energy services at a rate equal to the rate of the applicable business license tax, as authorized in section 66.300, section 71.610, section 92.045, section 94.110 or 94.360, or the applicable franchise fee. Such tax shall not become effective unless the governing body of the political subdivision submits to the voters of that political subdivision at any public election allowed pursuant to subsection 1 of section 115.123 a proposal to impose a tax under the provisions of this section. The question shall be submitted to the voters in substantially the following form:
Shall the ______ (political subdivision) levy a tax for the purpose of equalizing the obligations of all users of gas, electricity or energy services of a percent which is equal to the obligations of current taxpayers on the purchase price of gas, electricity or energy services sold by any person, corporation or other business entity for ultimate use in the political subdivision but not subject to the current tax?
☐ YES
☐ NO
­­If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the tax shall become effective on the first day of the first calendar quarter following the calendar quarter in which the election was held. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the governing body of the political subdivision shall have no power to impose the tax authorized by this section unless and until the governing body of the political subdivision again submits the question to the qualified voters of the political subdivision and such question is approved by a majority of the qualified voters voting on the question.
­­--------
(L. 1998 S.B. 627)
Effective 7-10-98
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.356 - No modification or elimination of special rate under section 393.355.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 14 Jun 2017, see footnote
393.356. No modification or elimination of special rate under section 393.355. —
If the commission approves a special rate under section 393.355, the commission shall lack the authority to modify or eliminate any such rate during the specified term subject to conditions established under section 393.355.
­­--------
(L. 2017 1st Ex. Sess. H.B. 1)
Effective 6-14-17
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.400 - Regulatory asset or liability accounts — corporations to defer portion of local property taxes to account, how calculated — rate base adjustment, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 2022
393.400. Regulatory asset or liability accounts — corporations to defer portion of local property taxes to account, how calculated — rate base adjustment, when. —
1. The provisions of section 386.020 defining words, phrases, and terms shall apply to and determine the meaning of all such words, phrases, or terms as used in this section.
2. Electrical corporations, gas corporations, sewer corporations, and water corporations shall defer to a regulatory asset or liability account any difference in state or local property tax expenses actually incurred, and those on which the revenue requirement used to set rates in the corporation's most recently completed general rate proceeding was based. The regulatory asset or liability account balances shall be included in the revenue requirement used to set rates through an amortization over a reasonable period of time in such corporation's subsequent general rate proceedings. The commission shall also adjust the rate base used to establish the revenue requirement of such corporation to reflect the unamortized regulatory asset or liability account balances in such general rate proceedings. Such expenditures deferred under the provisions of this section are subject to commission prudence review in the next general rate proceeding after deferral.
­­--------
(L. 2022 S.B. 745 § 393.1275)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.410 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.410. Definitions. —
As used in sections 393.410 to 393.510:
(1)
"Gas"
means manufactured or natural gas or any combination or mixture thereof, whether or not the natural gas has been processed by removal of component parts not essential to its use for light, heat, or power;
(2)
"Gas storage company"
means any corporation, partnership or person, or its trustees or receivers appointed by any court whatsoever, including any municipal corporation, any gas corporation as defined by section 386.020, and any corporation engaged in the transportation of natural gas in interstate commerce or the sale in interstate commerce of such gas for resale, engaged in or which desires to engage in the business of the underground storage of gas intended in whole or in part for either direct or ultimate distribution to the public by means of pipes or pipelines;
(3)
"Underground storage"
or
"underground storage of gas"
means the storing of gas in a geological stratum or strata, formation or formations lying beneath the surface of the earth;
(4)
"Underground storage reservoir"
means the stratum or strata, formation or formations which are, or are to be, used for underground storage of gas.
­­--------
(L. 1953 p. 513 § 1)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.420 - Acquisition of right to use storage reservoir under publicly owned lands.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1953
393.420. Acquisition of right to use storage reservoir under publicly owned lands. —
In any case where a part of an underground storage reservoir lies in or beneath lands (including the beds of navigable waters) of any public body, a gas storage company desiring to utilize the same for the underground storage of gas may acquire the right to do so, which right every such public body is hereby authorized to grant for such consideration as may be agreed upon with such gas storage company. In the event such gas storage company and such public body cannot agree upon such consideration, or in case there is no public authority other than the general assembly which has power to enter into such an agreement, then such gas storage company may acquire the right to utilize such part of such underground storage reservoir, but not, in such case, the surface of the lands under which such part of such reservoir lies, for the underground storage of gas, by proceeding in the same manner and with the same effect as in cases of condemnation under section 393.430, subject to the limitations and provisions in such cases provided, and in any such case to which the state of Missouri shall be made a party service of process may be had upon the attorney general. The term
"public body"
as used in this section means the state of Missouri, or any department, board, commission, bureau, institution, public agency or political subdivision thereof including municipal corporations and quasi-municipal corporations of all kinds.
­­--------
(L. 1953 p. 513 § 3)