Section 1 Introduction: Public Service Commission— Its Jurisdiction
Library | Administrative 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...
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- Section 1 Introduction: Public Service Commission— Its Jurisdiction
- Section 2 Sources of Information as to Practice and Procedure Before the Public Service Commission
- Section 3 Proceedings Before the Public Service Commission
- Section 4 Applications
- Section 5 Complaints
- Section 6 Institution of Proceedings by the Public Service Commission
- Section 7 Filing of a Tariff
- Section 8 Electronic Filing and Information System
- Section 9 Notice
- Section 10 Generally
- Section 11 Intervention
- Section 12 Public Service Commission Staff
- Section 13 Office of the Public Counsel
- Section 14 Discovery
- Section 15 Prehearing Conferences
- Section 16 Subpoenas and Subpoenas Duces Tecum
- Section 17 Enforcement of Discovery
- Section 18 Presiding Officer
- Section 19 Evidence
- Section 20 Local Public Hearings
- Section 21 Settlement of Cases
- Section 22 Summary Disposition
- Section 23 Briefs and Oral Argument
- Section 24 Orders and Decisions
- Section 25 Conclusion as to Practice and Procedure
- Section 26 Introduction
- Section 27 Orders and Decisions of the Public Service Commission
- Section 28 Review of Orders of Rulemaking
- Section 29 Perfection of Appeal Before the Public Service Commission
- Section 30 Rehearing Granted
- Section 31 Perfection of Judicial Review Before the Circuit Court
- Section 32 Scope of Review of Public Service Commission’s Orders and Decisions
- Section 33 Review by Application for a Writ of Certiorari or Review
- Section 34 Perfection of Appeal From the Circuit Court’s Decision
- Section 35 Scope of Review by the Court of Appeals
- Section 36 Effect of Public Service Commission’s Order or Decision Pending Appeal
- Section 37 Conclusion as to Appeals
- Section 38 Additional Sources
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