Section 1 Introduction: Public Service Commission— Its Jurisdiction

LibraryAdministrative Law 2011

The Missouri PSC (Public Service Commission) was created by an act
of the 47th General Assembly of Missouri effective on April 15, 1913, for the purpose of regulating the safety and adequacy of service, including the fixing of just and reasonable rates, of public utilities and railroad companies. The PSC is assigned to the Department of Economic Development, but that department’s supervision of the PSC is limited
to budgeting and approval of the PSC’s annual reports. The PSC is composed of five members appointed by the Governor, with the advice and consent of the Senate, for six-year terms. The terms are staggered so that no more than two commissioners have terms expire at any one time. The PSC has traditionally functioned on a bipartisan basis with a three-to-two majority of its members from the party in power. But it should be noted that the terms of the commissioners may extend beyond and into the term of a new Governor, which prevents the Governor from making an immediate appointment to the PSC. Thus, the three-to-two majority may not always match the political party of the Governor at the outset of the Governor’s term. The Governor may remove a commissioner, but only by a showing of “inefficiency, neglect of duty, or misconduct in office.” Section 386.060, RSMo 2000.

The PSC acts as an administrative body of the Executive Department of state government. Its functions are similar to federal administrative agencies such as the Federal Energy Regulatory Commission and the Federal Communications Commission. The PSC has broad jurisdictional powers over the utilities it regulates and has assembled a staff of technical experts and attorneys to assist it in the exercise of its delegated powers. Sections 386.240 and 386.071, RSMo 2000. Though broad, the powers are constrained to those matters delegated to it by the legislature. The PSC cannot enlarge on the scope of its jurisdiction by agreement. Thus, a petition filed by the PSC in circuit court seeking damages based on causes of action assigned to the PSC by the natural gas distribution utilities it regulated was properly dismissed by the trial court for lack of standing. Mo. Pub. Serv. Comm’n v. Oneok, Inc., 318 S.W.3d 134 (Mo. App. W.D. 2009).

In 2004, the legislature authorized the PSC to hire a technical advisory staff consisting of a group of six full-time employees and authorized each commissioner to retain one personal advisor. Section 386.135.1 and .2,
RSMo Supp. 2010. The “pool” of technical...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT